The organization said it will engage in ongoing conversations with the office to offer industry perspective on the issue and that representatives are receptive to talks. The NPA added that it is not clear whether the state has a litigative target.
Two weeks ago, Texas attorney general Ken Paxton announced in a statement that his office would be investigating manufacturers based on concerns of heavy metals, including lead and cadmium, found in popular protein powders. The investigation will determine whether manufacturers violated the Texas Deceptive Trade Practices Act and if “companies falsely marketed or misrepresented the safety and contents of their products and whether they failed to disclose known information about heavy metal contamination.”
Paxton wrote that protein is a vital macronutrient for human health and that Texans deserve clean protein powders without having to worry whether the products contain heavy metals or other harmful chemicals.
“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,” he said.
NPA response
On June 9, Daniel Fabricant, CEO and president of NPA, penned a letter to Paxton expressing a shared commitment to consumer safety but cautioned that the attorney general’s office cited third-party testing of products by the Clean Label Project that does not account for “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 also explained that the Clean Label Project has a “documented history of withholding its full testing methodologies, which substantially undermines its reliability as an authoritative source.”
The Clean Label Project could not be reached for comment prior to publication.
According to Paxton’s statement, the Clean Label Project and Consumer Reports, which also conducts product testing, independently tested popular protein powders and ready-to-drink shakes. Data from Consumer Reports showed that lead levels in plant-based protein powders were, on average, nine times higher than those made with dairy proteins such as whey and twice as high as beef-based products, based on the 23 products the organization tested. Three products also exceeded Consumer Reports’ level of concern for cadmium and inorganic arsenic.
In a separate study, the Clean Label Project tested 160 protein powder products and found that 47% exceeded California Proposition 65 limits for toxic heavy metals in a single serving.
Fabricant criticized the organization’s methodology, noting that it relies on a single testing laboratory in which the Clean Label Project has a financial stake and that the results are not independently verified through additional testing. He did not comment on the testing procedure of Consumer Reports.
Fabricant noted that consumers should have confidence in the federal government’s ability to regulate supplements.
“We’re under a federal system of GMPs, a very regulated industry, a highly regulated industry,” he said. “The Clean Label Project is spreading the narrative that the industry is under regulated.”
Although the U.S. Food and Drug Administration cannot inspect every manufacturing facility regularly, Fabricant added that it is “laughable” that the FDA would allow for excessive heavy metals in the diet.
“State departments of public health have some very talented people, but last time I checked, nobody has more food toxicologists and people who know how to analyze heavy metals in foods than the FDA,” he said. “So why wouldn’t states start there?”
