California Proposition 65: Countdown to Bisphenol S (BPS) Warning Label

Vol. 1428 | 25 Oct 2024

The deadline for warning labels on bisphenol S (BPS) under Proposition 65 is set for December 29, 2024. BPS was officially added to the Proposition 65 list on December 29, 2023, due to its classification as a chemical known to cause female reproductive toxicity. As a result, products that may lead to significant exposure to BPS will be required to display warning labels starting on December 29, 2024.

BPS belongs to the bisphenol family which may be used in the manufacturing of synthetic textiles such as polyester, Nylon, Spandex/Lycra, Leather products. Several products made with polyester/spandex blends commonly used in socks, athletic shirts, leggings have issued California Proposition 65 60 days notices for BPA exposure and missing Prop 65 warning label.

With the effective date for BPS warning labels approaching, it’s prudent to assess synthetic textile products that will be sold in California in 2025 and come into direct contact with skin for their BPS content.

Until settlement test standard and limits for BPS are established, it is advisable to follow the same testing procedure used in the BPA Sock settlement. This involves ACN extraction and analysis using LC/MS, with a required limit of no detection (0.1 mg/kg).

To ensure compliance with Proposition 65 regarding BPS exposure, it’s essential to engage your suppliers actively. Implement testing and monitoring strategies to identify high risk product categories. Additionally, educate internal teams particularly those in design and production about the requirements of Proposition 65 concerning BPS, emphasizing the importance of verifying compliance before purchase orders are issued for high-risk materials.

For any further inquiries regarding this bulletin, please reach out to our technical expert, Pankaj Sarda (Pankajkumar.Sarda@intertek.com).