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US California Proposition 65 Settlement for BPA in Athletic Shirts

SafeGuardSSoftlinesDecember 20, 2023

SG 167/23

A consent judgment under Proposition 65 (Prop 65) has been finalized for athletic shirts composed mainly of polyester with spandex that contains bisphenol A (BPA).

There has been a rise in 60-day notices for BPA in 2023, with several brands, retailers and manufacturers recently being served with notices from the Californian Center for Environmental Health (CEH) alleging Prop 65 violations. These notices cite a failure to provide the correct warnings for products containing BPA, which includes sports bras, socks and athletic shorts. These products are primarily made of polyester and contain some spandex.

The most recent settlement associated with BPA has concluded with the establishing of a reformulation limit of no more than ten parts per billion (ppb) BPA in athletic shirts. Additionally, the settlement prohibits the substitution of BPA with other bisphenols (such as BPS), but it does permit the inclusion of a warning option, as follows:


BPA Warning

The presence of BPA is a cause for concern, given its known associations with developmental issues, serious eye damage, respiratory irritation, skin allergies and reproductive harm. The CEH has acted by sending legal notices to companies alleging the inclusion of BPA in products without providing adequate warnings. These companies are granted a 60-day period to cooperate with the center to rectify any violations before the group initiates a complaint in the California state court that would compel them to address the issue.

SGS Global Softlines has an extensive network of over 40 laboratories worldwide, with a strong team of committed professionals from multi-disciplinary backgrounds. Our internationally accredited state-of-the-art testing laboratories offer a comprehensive range of physical, chemical and functional testing services for components, materials and finished products. We help your company ensure quality, performance and compliance with international, industrial and regulatory standards worldwide. Discover more at


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For further information, please contact:

Min Zhu

Dr. Min Zhu

Consumer and Retail — Softlines
US & Canada Softlines Business Head

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