The Office of Environmental Health Hazard Assessment (OEHHA) listed Bisphenol S (BPS) on December 29, 2023 as a female reproductive toxin. That gives companies a 1-year grace period to establish the compliance of their products if they use BPS. However, OEHHA has not published a Safe Harbor Level (SHL) for this chemical and therefore, unless companies derive their own limits, it can be expected that enforcing parties will target any products with detectable BPS. Products with BPS will be open for enforcement starting December 29, 2024 (just over 1 month away).
This is expected to have an enormous impact on a range of industries due to its widespread use, leading to many Notice of Violations being issued.
Products That May Contain BPS
BPS is part of polyethersulfone plastic, which is used to make hard plastic items and synthetic fibers for clothing and other textiles. It is a common replacement for bisphenol A (BPA) in polycarbonate plastics, epoxy resins, and thermal paper (receipts) and other paper products.
BPS may be found in some of the following products.
Consumer goods
- Food and beverage containers, including plastic bottles and the linings of food and beverage cans
- Food utensils
- Baby bottles, sippy cups, and other products marketed for infants and children
- Personal care items, such as cosmetics packaging
- Microwave-safe dishes and containers
- Parts of electronics, such as screens for mobile phones and calculators
Industrial and commercial products
- Industrial coatings and adhesives
- Protective linings for metal cans and pipes
- Heat-resistant parts in automobile engines, industrial machinery, medical equipment, and other application
Clothing and textile products
- Sportswear
- Socks
- Raingear
- Blankets
- Curtains
- Furniture upholstery
Companies should be prepared for increased enforcement for the presence of BPS starting in the new year – if you have questions about how to avoid compliance issues, reach out now!
