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California Lists BPS under Prop 65

SafeGuardSHardgoods, Softlines, Electrical & Electronics, Automotive, Personal and Protective Equipment, Toys and Juvenile ProductsJanuary 04, 2024

SG 01/24

California has added BPS onto the Prop 65 list of chemicals. Businesses have until December 29, 2024, to comply with warning requirements.

California Proposition 65 (Prop 65) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by Californian residents in November 1986. It requires the state to publish a list of chemicals that are known to cause cancer, birth defects or reproductive harm. First published in 1987, the list has evolved to approximately 900 chemicals.

Under Prop 65, companies doing business in California are required to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Unless exempt, businesses have 12 months to comply with this Prop 65 provision once a chemical is listed.

On December 29, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) added bisphenol S (BPS), an analog of bisphenol A (BPA), to the Prop 65 list of chemicals as a female reproductive toxicant. BPS has been used in thermal paper, hard plastic items and synthetic fibers for clothing and textiles.

Highlights of the listing of BPS are summarized in Table 1.

Substance (CAS)Date listedCompliance date for a ‘clear and reasonable warning’
BPS (80-09-1)December 29, 2023December 29, 2024

Table 1.

Throughout a global network of laboratories, SGS offers comprehensive testing, product assessment and consultancy services related to California Proposition 65 to help you manage risk in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Contact us for more information or visit our website. In the end, it’s only trusted because it’s tested.

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For further information, please contact:

HingWo Tsang

Dr. HingWo Tsang

Global Information and Innovation Manager
Melanie Tamayo

Melanie Tamayo

Senior Technical Manager, SGS NA.

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