Bisphenol S (BPS) part of polyethersulfone (PES) plastic has been banned under California Proposition 65 effective December 2024
Bisphenol S (BPS) (CAS Number: 80-09-1) is part of polyethersulfone (PES) plastic, which is used to make hard plastic items such as, food utensils and bottles,and also used in synthetic fibers for clothing and other textiles such as, sportswear, socks and raingear. It's also used in epoxy glues and as a corrosion inhibitor, and it also may be in Shipping labels. BPS may also be used to make colors last longer in some fabrics. Consumer products marketed as “BPA-free” might contain BPS. It is a common replacement for bisphenol A (BPA) in polycarbonate plastics and epoxy resins.
Effective December 29, 2024 companies that well products with ANY levels of BPS must now provide wa proposition 65 warning as required by the current regulations. For more guidance on those please contact our office (www.swhlaw.com). OEHHA (the CA office that controls props 65 chemicals list and warnings requirements) has not yet established a “safe harbor level” for BPS. A safe
harbor level is a threshold below which a business is exempt from
Proposition 65 warning requirements. So as such testing is not going to suffice. Only a warning will work unless there is no detectable amount of BPS in the product which may be an nearly impossible threshold to meet.
We strongly suggest that brands look very closely at all their products for traces of BPS and the contact their suppliers for more details on whether any traces of BPS might be present in their products and to come with a legally sufficient warning strategy for all sales channels.
Effective December 29, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) has added bisphenol S (BPS) to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). This listing was done via the “State’s Qualified Experts” mechanism, based on the Developmental and Reproductive Toxicant Identification Committee’s (DARTIC) determination that this chemical was clearly shown to cause female reproductive toxicity.
The warning requirement for significant exposures to BPS will take effect on December 29, 2024.