Do You Need to Label Your Products for BPS

Warning labels required for bisphenol S, a chemical commonly found in food packaging, baby bottles, clothing, and retail receipts

Last December, the California Environmental Protection Agency (CalEPA) Office of Environmental Health Hazard Assessment (OEHHA) added bisphenol S (BPS) to the Proposition 65 list of chemicals known to cause reproductive toxicity. Now, a year after it was added to the list, manufacturers will be required to add warning labels to products containing BPS or demonstrate that exposure to BPS does not require a warning label. The BPS Prop 65 listing is effective Dec. 29, with civil penalties of up to $2,500 per violation for failing to provide warning notices.

OEHHA has not derived a safe harbor level for BPS, and it is unclear when that may occur. In the interim, to avoid potential Prop 65 litigation, businesses either need to evaluate whether their product requires a warning through quantitative risk assessments that may require product testing and exposure assessments or proactively label their products.

Common products that may contain BPS

In many instances BPS replaced bisphenol A (BPA) in polycarbonate plastics, epoxy resins, and thermal paper used in receipts and tickets. BPS may be found in:

1. Polyethersulfone hard plastics
2. Food and beverage containers and utensils
3. Packaging
4. Electronic parts
5. Paper products such as receipts, tickets, and labels
6. Synthetic clothing and textile fibers

The chemical may also be used in industrial coatings and adhesives, protective metal linings, and heat-resistant parts for automobiles and other machinery.

What can manufacturers do?

Determine whether your product contains BPS by reviewing product data sheets from third-party manufacturers and material providers and seeking chemical technical assistance if needed. Consider evaluating products using testing methods intended to provide information on potential exposure from use of your product, not simply whether BPS is present in the product. If a labeling strategy is appropriate for your product, any labeling needs to adhere to OEHHA Prop 65 labeling standards.

Businesses should also pay close attention to OEHHA and CalEPA for further information regarding announcements of "safe harbor" levels of BPS.