An act to add Chapter 4.5 (commencing with Section 110424) to Part 5 of Division 104 of the Health and Safety Code, relating to public health.
SB 646 adds a new chapter to the Health and Safety Code requiring testing and public disclosure of heavy metals in prenatal multivitamin products sold in California. Beginning January 1, 2027, manufacturers must test a representative sample of each lot of bulk or packaged prenatal multivitamins for arsenic, cadmium, lead, and mercury at a proficient laboratory meeting specified accreditation and analytical standards. Manufacturers and brand owners must provide test results to the Department of Public Health upon request.
The bill also requires brand owners of packaged prenatal multivitamins to make product-specific heavy metal testing information publicly available on their websites, along with supplement facts information and a consumer-facing statement explaining that trace heavy metals may occur naturally or through sourcing. For products shipped to retailers or consumers, the outer package or online product page must include a notice directing consumers to the testing information, and by January 1, 2030, products lacking the required packaging or online statements may not be sold in the state. The bill applies to prenatal multivitamins intended for people who are pregnant, planning to become pregnant, or lactating, in forms such as capsules, tablets, gummies, liquids, or powders.
SB 646 expands California’s food and supplement safety disclosure regime by adding prenatal multivitamins to the category of products subject to mandatory contaminant testing and public reporting. It creates new compliance obligations for manufacturers, brand owners, retailers, and online sellers, and authorizes enforcement under the Sherman Food, Drug, and Cosmetic Law. The bill also creates a new misdemeanor-level offense for noncompliance, which is why it is treated as a state-mandated local program, though the bill states no reimbursement is required.
The bill appears to have been broadly supported and moved through the Legislature with unanimous or near-unanimous committee and floor votes, with no recorded opposition in the vote history provided. The pattern of votes suggests strong bipartisan agreement around the bill’s public health and consumer transparency goals, especially given its focus on pregnancy-related products and toxic element disclosure. Its final enactment as Chapter 602 indicates it was ultimately approved by the Governor and became law.
The main policy tension in SB 646 is between consumer safety/transparency and the regulatory burden placed on supplement manufacturers and brand owners. Potential concerns include the cost and feasibility of lot-by-lot heavy metal testing, the need for ISO/IEC-accredited laboratories, website disclosure requirements, and packaging changes for both retail and direct-to-consumer sales. Another possible point of contention is the bill’s creation of a new crime for noncompliance and its treatment as a state-mandated local program, although the bill expressly denies reimbursement. No specific opposition is reflected in the available committee or floor vote record.