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On June 8, Texas Attorney General Ken Paxton announced an industry-wide investigation into protein powder manufacturers based on concerns of heavy metals, such as lead and cadmium, found in popular protein powders.
Paxton cited research from Consumer Reports (CR) claiming lead levels in plant-based protein powders were, on average, nine time higher than those made with dairy proteins such as whey and twice as high as beef-based products. Three products also exceeded CR’s “level of concern” for cadmium and inorganic arsenic. He also cited a separate study from the Clean Label Project.
The natural products industry previously criticized CR’s testing as misleading and stated the heavy metal levels found in the products are well below federal limits.
Paxton is investigating manufacturers for potential violations of the Texas Deceptive Trade Practices Act (DTPA). The investigation will determine whether companies “falsely marketed or misrepresented the safety and contents of their products” and “whether they failed to disclose known information about heavy metal contamination” in violation of Texas law.
“Protein is a vital macronutrient for human health, and Texans deserve clean protein powders without having to worry whether the products contain heavy metals or other harmful chemicals,” said Paxton. “Far too many corporations have snuck harmful ingredients in their products, and I am committed to doing everything I can to help Make America Healthy Again.”
“CRN supports strong quality standards and transparency across the supplement industry. However, any evaluation of heavy metals in protein products should be based on sound science, appropriate risk assessment, and the recognition that trace levels can occur naturally in agricultural ingredients. Manufacturers employ quality controls in sourcing and manufacturing to reduce levels and conduct robust testing to help ensure product safety and consumer confidence,” said a spokesperson for the Council for Responsible Nutrition (CRN).
On June 9, Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA) sent a letter to Paxton requesting a meeting to provide context on the federal regulatory framework on protein powders marketed as dietary supplements and conventional foods.
Fabricant stressed manufacturers are already subject to enforceable federal requirements including U.S. Food and Drug Administration (FDA) current good manufacturing practices (GMPs). These regulations govern identity, purity, strength, composition, contaminant controls, hazard analysis, preventative controls and manufacturing conditions designed to prevent adulteration.
Fabricant also cautioned against “incomplete or non-transparent third-party testing data” on the basis for broad regulatory action. He noted that trace levels of environmental contaminants such as lead, arsenic, cadmium and mercury can appear in food products because they elements naturally occur in soil, water and air.
“The third-party testing data cited by your office, generated by the Clean Label Project, does not account for the robust safeguards our members implement throughout their manufacturing process, nor does it reflect the scientific consensus of the federal agencies that Congress has charged with regulating dietary supplements,” Fabricant said. “Critically, the Clean Label Project has a documented history of withholding its full testing methodologies, which substantially undermines its reliability as an authoritative source.”
For more information, visit www.npanational.org.
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