The Council for Responsible Nutrition has come out in opposition to a California bill that would put new testing and labeling mandates on protein products.

California Senate Bill 1033 was introduced this week by Democratic state Sen. Steve Padilla. In a statement accompanying the bill’s introduction, Padilla said the bill was warranted because the oversight of protein products at the moment is insufficient.

“Protein products can play a role in helping Californians meet their health and nutrition goals, but only if the products on store shelves are actually safe,” he said. “Consumers deserve to know what they are putting into their bodies, and right now there’s a troubling lack of transparency when it comes to toxic heavy metals.”

Padilla’s bill would require new labeling pertaining to the types and amounts of heavy metals contained in a product. It also specifies the types of expertise independent labs that that will be doing the testing must have.

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Consumer Reports protein testing

Padilla based the need for such on a Consumer Reports article published in October that found many of the tested protein products exceeded the organization’s self-established level of concern for lead consumption, which was set at 0.5 micrograms per day.

CRN pushed back at that time, noting that there is no consensus among health authorities that CR’s lead standard was valid. CRN also noted that modern testing methods are becoming ever more sensitive, meaning trace levels of metals can be found today that would have been undetectable in the past. 

CRN said while it supports safety standards for supplements, consumers are ill-served when new state-based standards are promulgated that create duplication, confusion and potential alarm.

CRN: Padilla’s bill not needed in face of existing regulations

CRN called Padilla’s bill “a misplaced policy approach that would create burdensome requirements outside the established federal regulatory framework and alarmist messages to consumers disconnected to any actual harm. Such measures risk confusing consumers, increasing costs and undermining the uniform national system.”

Steve Mister, CRN’s president and CEO, noted, “Dietary supplements are already regulated under a comprehensive federal framework that includes rigorous good manufacturing practices (GMPs) and contaminant testing requirements. Layering additional state-specific mandates on top of that system is unnecessary and counterproductive. It creates regulatory fragmentation without improving consumer safety.

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“The proliferation of inconsistent mandates across states could disrupt national distribution systems and increase costs for businesses and consumers alike,” Mister added. “A fragmented state-by-state system introduces uncertainty, inefficiency and unnecessary expense across the marketplace.”