Recently, the Center for Environmental Health (CEH) in the United States has charged over 50 companies for failing to warn about the exposure risks of Bisphenol S (BPS) in paper receipts as required by California Proposition 65. Notices of violation were issued, and there are plans to sue these companies under Proposition 65. According to this law, businesses that fail to comply with the warning requirements may face severe legal consequences, including but not limited to fines and injunctions. If sued and found in violation, companies could face fines in the hundreds of thousands, resulting in significant financial and reputational damage.

What is Bisphenol S?

Bisphenol S (BPS) is known for its high chemical stability, low toxicity, and thermal stability. It is commonly used as a substitute for Bisphenol A (BPA) in the production of epoxy resins and polycarbonate plastics. BPS is widely used in thermal paper, the inner linings of food cans, baby bottles, and children's toys, among other applications. However, it has endocrine-disrupting properties that may affect the reproductive and nervous systems, particularly impacting fetuses and infants, and can lead to various health issues.

What are the regulatory control requirements for Bisphenol S?

On December 29, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) listed BPS as a reproductive toxicant under Proposition 65. Starting from December 29, 2024, products containing BPS must include warning labels with the following example:

*Note: The word "WARNING" can be replaced with "CA WARNING" or "CALIFORNIA WARNING." This label requirement will take effect on January 1, 2025, and companies currently using the old short-form warning labels can transition to the new format within three years.

In addition to being regulated under Proposition 65, BPS was also listed as a Substance of Very High Concern (SVHC) under the REACH regulation on January 17, 2023. Companies failing to comply with obligations such as notification, communication, and providing compliant Safety Data Sheets (SDS) may face product recalls and sales bans.

How can companies respond?

Companies should actively seek safer chemical alternatives, strengthen supply chain management, rigorously test raw materials, and ensure product compliance and safety. As an internationally recognized testing, inspection, and certification organization, CIRS Testing offers a one-stop solution for compliance with Proposition 65, including training, consulting, and testing services. This covers newly added substances and those with high litigation risks in recent years, helping companies meet regulatory and market requirements more cost-effectively!

About California Proposition 65

The California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as CP 65, aims to reduce carcinogenic and reproductive toxicants in consumer products to protect consumer health and environmental safety.

The California Office of Environmental Health Hazard Assessment (OEHHA) implemented consumer product warning requirements including Short-form Warnings in August 2016. If a product contains harmful substances listed under Proposition 65, manufacturers and distributors must post clear and reasonable warning labels on the product, failing which they may face lawsuits and high compensation risks.

If you need any assistance or have any questions, please get in touch with us via test@cirs-group.com.