- On February 11, 2026, Sen. Padilla introduced SB 1033, which would establish new state-level testing and heavy metal disclosure requirements for bulk and packaged protein products sold in California.
- If passed, commencing on January 1, 2028, manufacturers of bulk protein products or packaged protein products being sold into the state would be required to test a representative sample of each lot of product for heavy metals (arsenic, cadmium, lead, and mercury) and provide results to the California Department of Public Health. Brand owners would be required to publicly disclose lot-specific heavy metal testing results on their websites. Additionally, on-package and online statements would be required, directing consumers to the testing information.
- In Sen. Padilla’s press release, he cites to various reports finding unsafe levels of heavy metals in protein products, noting that, “[d]espite these risks, protein powders and protein beverages remain largely unregulated at the federal level.” While FDA regulates dietary supplements under the current good manufacturing practice regulations, manufacturers are responsible for ensuring that their products meet specifications before they are released to the market.
- Keller and Heckman will continue to monitor the legislative process and provide any relevant updates.