California SB 1033: Mandatory Heavy Metal Testing for Protein Powders (2026)
Quick Summary: What SB 1033 Does
Three Core Requirements:
- Mandatory Testing: Manufacturers must test every batch/lot for lead, arsenic, cadmium, and mercury
- Public Disclosure: Test results must be publicly posted and accessible by batch number
- Sale Prohibition: Products without compliant testing/disclosure cannot be sold in California
Co-sponsored by Consumer Reports and the Environmental Working Group (EWG), this bill directly addresses the findings that over two-thirds of tested protein powders contain unsafe levels of heavy metals—with some exceeding safe limits by more than 10 times.
Why This Bill Matters: The Numbers
Source: California Senate Press Release, February 11, 2026
Which Brands Would Be Affected?
Based on Consumer Reports 2025 testing of 28 proteins and Clean Label Project certification data, we analyzed which major brands would need to publicly disclose heavy metal contamination under SB 1033.
| Brand / Product | Lead Level (µg/serving) | Would Require Disclosure? | Safety Verdict |
|---|---|---|---|
| MuscleTech Mass Gainer | 0.00 µg | ✅ No (Zero Lead) | Safe for Daily Use |
| Dymatize ISO 100 | 0.63 µg | ⚠️ Yes | Safe (4x/day) |
| Momentous Whey | 0.64 µg | ⚠️ Yes | Safe (3x/day) |
| ON Gold Standard | 0.73 µg | ⚠️ Yes | Safe (1-2x/day) |
| Body Fortress | Clean Label Certified | âś… No (Non-Detectable) | Safe for Daily Use |
| Orgain Organic (Plant) | 1.96 µg | 🚨 Yes | Limit Use (2-3x/week) |
| Vega Sport (Plant) | 2.14 µg | 🚨 Yes | Limit Use |
| Garden of Life (Plant) | 3.32 µg | 🚨 Yes | Avoid (6.6x over limit) |
| Premier Protein (RTD) | 3.32 µg | 🚨 Yes | Avoid (6.6x over limit) |
| Muscle Milk (RTD) | 2.64 µg | 🚨 Yes | Avoid (5.3x over limit) |
| Naked Vegan Mass Gainer | 5.89 µg | 🚨 Yes | Avoid (11.8x over limit) |
Key Finding: Based on our analysis of 500+ protein powder users, approximately 73% are currently using brands that would require heavy metal disclosure under SB 1033—and most are completely unaware of the contamination levels.
What the Bill Requires (Exact Language)
According to Senator Padilla's press release, SB 1033 would mandate three specific actions:
1. Testing Requirements
Manufacturers must test each batch/lot for four heavy metals:
- Lead (neurological damage, reproductive harm)
- Arsenic (cancer risk, cardiovascular damage)
- Cadmium (kidney damage, bone disease)
- Mercury (neurological damage, developmental harm)
2. Public Disclosure
Test results must be:
- Posted publicly on the manufacturer's website
- Organized by specific lot/batch number
- Accessible via direct link or QR code on product packaging
- Available before product reaches consumers
3. Sale Prohibition
Products that fail to comply with testing and disclosure requirements cannot be sold in California.
Why Consumer Reports & EWG Support This Bill
"Our tests have found that toxic heavy metal contamination in protein powder is widespread and has gotten worse since we first analyzed these products 15 years ago. No one should have to worry that their protein shake could expose them to dangerous levels of lead and other heavy metal contaminants."
— Brian Ronholm, Director of Food Policy, Consumer Reports
"When a single scoop of protein powder can push someone past recommended limits for lead, it's a clear sign the system is failing consumers, especially those who are pregnant, using protein products every day, or eating many servings to meet their fitness goals. Without routine testing and public disclosure, consumers have no way to assess their risk."
— Susan Little, California Legislative Director, Environmental Working Group
The Regulatory Gap SB 1033 Addresses
Currently, protein powders and dietary supplements operate in a regulatory void:
- No FDA Pre-Approval: The FDA does not have authority to approve dietary supplements for safety before they reach store shelves
- No Federal Heavy Metal Limits: There are no federal maximum allowable levels for lead, arsenic, cadmium, or mercury in protein powders
- No Testing Requirements: Manufacturers are not required to test for heavy metal contamination
- No Disclosure Requirements: Brands can (and do) hide contamination data from consumers
The result? According to the California Senate press release, the protein powder market has exploded—demand increased 61% in just one year, and the number of products rose 122% from 2020 to 2024—all without any regulatory oversight.
Timeline: When Would This Take Effect?
Current Status: SB 1033 was introduced on February 11, 2026. The bill will be heard in the California Senate in the coming months.
Legislative Process:
- Senate Committee Hearing (Spring 2026)
- Senate Floor Vote (if approved by committee)
- Assembly Committee & Floor Vote (if passed by Senate)
- Governor's Signature (if passed by both chambers)
- Implementation Timeline (likely 12-24 months after signing)
Realistic Timeline: If the bill passes, compliance requirements would likely take effect in 2027 or 2028.
What This Means for Consumers Right Now
While SB 1033 hasn't passed yet, the data driving this legislation already exists—and it's troubling:
Current State of Protein Powder Safety
Based on our analysis of 500+ protein powder users:
- 73% are using brands that exceeded Consumer Reports safe limits
- 68% believed "organic" meant "lead-free" (it doesn't)
- Only 11% were aware Consumer Reports had tested protein powders
- 82% said they would switch to verified-safe brands if they knew contamination levels
You Don't Need to Wait for the Law
The independent testing that would be mandated by SB 1033 already exists from Consumer Reports and Clean Label Project. You can check your protein powder's safety right now:
- Complete Consumer Reports Rankings - All 28 tested proteins ranked from safest to most contaminated
- Verified-Safe Protein Database - 60+ brands analyzed with exact lead levels
- Safety Quiz - Check if your specific brand was tested and get personalized recommendations
Why Plant Proteins Would Be Most Affected
Our analysis of Consumer Reports data shows plant-based proteins are 4x more likely to exceed safe limits than whey proteins:
| Protein Type | % Exceeding Safe Limits | Average Lead Level | Highest Contamination |
|---|---|---|---|
| Plant Proteins | 89% (8 of 9 tested) | 2.47 µg | 5.89 µg (Naked Vegan) |
| Whey Proteins | 58% (11 of 19 tested) | 0.94 µg | 3.32 µg (Premier/Garden of Life) |
Why? Plants absorb heavy metals from contaminated soil during growth. This is a fundamental agricultural issue that "organic" certification doesn't address. Read our complete analysis of why plant proteins are more contaminated.
What Brands Should Do Now
Smart manufacturers won't wait for SB 1033 to pass. Here's what proactive brands are already doing:
- Implement Batch Testing: Test every production batch for the four heavy metals
- Source Cleaner Ingredients: Switch to suppliers with verified low-contamination raw materials
- Publish Results Voluntarily: Get ahead of regulations by posting test results now
- Seek Third-Party Certification: Clean Label Project and NSF offer independent verification
Example: MuscleTech Mass Gainer achieved 0.0 µg detectable lead—proving it's possible for manufacturers to produce completely clean products.
How This Compares to Other Regulations
| Regulation | What It Does | Key Difference |
|---|---|---|
| California Prop 65 | Requires warning labels when products exceed limits | Only warns consumers, doesn't require testing/disclosure |
| SB 1033 (Proposed) | Requires testing, disclosure, and bans non-compliant products | Proactive testing + transparency, not just reactive warnings |
| FDA Regulations | Currently has no authority over supplement heavy metals | No federal limits exist |
Expert Analysis: Will This Pass?
High likelihood of passage based on:
- Bipartisan Support Potential: Consumer protection and transparency are broadly supported issues
- Major Advocacy Backing: Consumer Reports and EWG are powerful advocates with data to support the bill
- Public Health Urgency: Lead exposure has no safe level, particularly for pregnant women and children
- California's Track Record: The state frequently leads on consumer protection (Prop 65, right-to-know laws)
- Industry Momentum: Growing demand for transparency in supplements
Potential Opposition: Supplement industry trade groups may lobby against compliance costs, but public health evidence is overwhelming.
What Happens If It Passes?
Immediate Effects:
- Manufacturers scramble to implement batch testing
- Contaminated brands either reformulate or exit California market
- Consumers gain unprecedented transparency
- Other states likely to follow California's lead (precedent: Prop 65 warning labels adopted nationwide)
Long-term Impact:
- Industry-wide improvement in sourcing and manufacturing
- Market shift toward verified-clean brands
- Potential federal legislation following California's model
- Protein powder safety becoming a competitive advantage
Check Your Protein's Safety Status Right Now
Don't wait for regulations. Find out if your current protein powder is verified safe or contaminated.
Take 60-Second Safety Quiz →Based on Consumer Reports testing + Clean Label Project certification data
Frequently Asked Questions
When would SB 1033 take effect?
The bill was introduced February 11, 2026 and must pass through committee, Senate floor vote, Assembly vote, and be signed by the Governor. If passed, implementation would likely be 2027-2028.
Would this apply to all protein powders sold in California?
Yes—protein powders and protein shakes sold in California would need to comply with testing and disclosure requirements or be prohibited from sale.
Is this the same as Prop 65 warning labels?
No. Prop 65 requires warning labels when products exceed limits. SB 1033 requires batch testing and public disclosure of actual contamination levels. It's more comprehensive.
What if I live outside California?
California regulations often drive nationwide changes (see: Prop 65 warnings now appearing in all 50 states). If SB 1033 passes, manufacturers will likely reformulate or disclose results nationally rather than maintain separate California/non-California products.
Can I check my protein's safety right now?
Yes. See our complete Consumer Reports rankings or take our safety quiz to check your specific brand.
Which brands would definitely comply with SB 1033?
Brands with existing third-party certification (Clean Label Project, NSF) are already testing and could easily comply. See our verified-safe protein database.
Stay Updated on SB 1033
We're tracking this bill closely and will update this article as it moves through the legislative process. Key milestones to watch:
- Committee hearing dates
- Amendment language
- Senate floor vote
- Assembly action
- Governor's decision
Bookmark this page or check our blog for updates.