California Imposes Restrictions on Bisphenols to Protect Children's Health

Vol. 1434 | 19 Nov 2024

On September 27, 2024, California Governor Gavin Newsom approved a bill SB – 1266 that broadens the existing prohibitions on Bisphenol A (BPA) to Bisphenols and includes juvenile feeding products and sucking or teething products, effective January 1, 2026. By reducing exposure to Bisphenols, California aims to create a safer environment for its youngest residents.

What is Bisphenols?

Bisphenols is a group of chemicals, in which Bisphenol A (BPA) is well known for its potential harm to the developing baby and female reproductive system.

BPA is primarily used in the production of various plastics, such as water bottles, food containers, and the linings of metal cans. Other Bisphenols can be used as alternatives to BPA to produce polymers and resins. Bisphenols are also used in textiles, leather and thermal paper.

Regulations in California

Previously, only bottles or cups designed for children under 3 years old with specified BPA levels were regulated. The new law raises the protected age limit to 12 years and prohibits the sale of children's products containing Bisphenols above a specific threshold, known as the practical quantitation limit (PQL), determined by the Department of Toxic Substances Control.

California has taken a significant step towards protecting children's health by expanding its restrictions on Bisphenol A.

Key Aspects of the New Legislation:

• Broaden Prohibition: Extends from BPA to Bisphenols which are chemicals with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents, like Bisphenol A, Bisphenol S, Bisphenol B, Bisphenol F.
• Expanded Age Limit: Protection now extends to children under 12 years old, up from 3 years old.
• Broader Product Range: Juvenile feeding products and sucking or teething products are now covered.
• Threshold Limit: The Department of Toxic Substances Control will determine the practical quantitation limit (PQL) for Bisphenols .
• Exemptions: Medical devices and food or beverage containers for the general population are exempt.

Manufacturers of juvenile feeding and sucking, or teething products must replace any form of Bisphenol with the least toxic alternatives. They should not replace Bisphenol with prohibited chemicals that are identified by the US EPA or states as carcinogens and reproductive toxicants.

This law will take effect on January 1, 2026.

For questions, please contact Andrew Loveland (andrew.loveland@intertek.com) and Harini Ramaswamy (harini.ramaswamy@intertek.com).