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Senate committee advances consumer‑testing bill after sharp industry opposition
Summary
SB 10 33, which would require testing and public disclosure of heavy metals in certain protein products, moved out of the Environmental Quality subcommittee; sponsors cited Consumer Reports' testing, while trade groups sought narrower scope, thresholds and implementation relief for small manufacturers.
Senator Susan Padilla presented SB 10 33 as a consumer‑protection measure aimed at bringing transparency to protein powders and beverages after a Consumer Reports investigation showed elevated levels of lead, arsenic and cadmium in multiple products.
Ryan Spencer of the Environmental Working Group, a sponsor, told the committee that ‘‘evidence has grown showing protein products containing levels of heavy metals high enough to raise serious public‑health concerns, particularly for teens and frequent users,’’ and that routine testing and disclosure would let consumers choose safer products and drive better industry practices.
Caitlin Moore of the Center for Environmental Health urged the committee to view contamination as an accumulating public‑health problem: ‘‘There is no safe level of lead exposure,’’ she said, adding that daily use of some protein products could push consumers over recommended lead limits.
Industry groups—including the Consumer Brands Association, Council for Responsible Nutrition, and trade associations for dairy and dietary supplements—urged substantial amendments. They argued the bill as written would require disclosure at any detectable level, ‘‘which may dissuade people from healthy products’’ and impose compliance costs on smaller manufacturers. They proposed thresholds tied to OEHHA (Proposition 65) levels, upstream testing allowances, and exemptions for medical foods and products manufactured for sale outside California.
Committee members pressed about small‑manufacturer burdens and technical thresholds. Senator Padilla said staff would keep working with stakeholders to narrow scope and operationalize testing requirements. The subcommittee recorded a motion to pass the bill as amended to Appropriations and kept it on call.
