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Perspectives

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Prop 65: The looming BPS warning deadline

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity.  In its Evidence on the Female Reproductive Toxicity of Bisphenol S, OEHHA commented that BPS may be used to make plastics (including hard plastic items and synthetic fibers for clothing) and to promote color fastness in some textiles, and that it has been detected in cash-register receipts, personal-care products, foods, baby bottles, and other products.

Companies should keep in mind that the warning requirement under Prop 65 for exposure to BPS will take effect at the end of this year, on December 29, 2024.

More on OEHHA's listing of BPS under Prop 65 can be found here.

Effective December 29, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding bisphenol S (BPS) to the list of chemicals known to the State of California to cause reproductive toxicity (female reproductive endpoint) under the Safe Drinking Water and Toxic Enforcement Act of 1986, sections 25249.5 et seq. of the Health and Safety Code, otherwise known as Proposition 65.

Tags

bps, environmental law, prop 65