United States, California: Adds Bisphenol S (BPS) to Proposition 65 List for Male Reproductive Toxicity

California's Office of Environmental Health Hazard Assessment (OEHHA) has updated the Proposition 65 list, adding Bisphenol S (BPS) due to concerns about male reproductive toxicity. The official listing date was January 3, 2025, although the announcement was made on February 11, 2025 (link). This decision came after the state's expert committee. The Developmental and Reproductive Toxicant Identification Committee (DARTIC) concluded that BPS is clearly shown to cause harm to the male reproductive system.

Key Dates for Businesses and business obligations: 

• Warning Deadline (Male Reproductive Toxicity): Businesses must provide warnings for products containing BPS that pose a significant risk of exposure related to male reproductive toxicity starting January 3, 2026.
• Previous Listing (Female Reproductive Toxicity): BPS was already added to the Proposition 65 list for female reproductive toxicity effective December 29, 2023. The warning requirement for this specific toxicity took effect on December 29, 2024.

Because there is no official safe harbor level, businesses should be aware that almost any detectable amount of BPS in a product sold in California could be considered a basis for requiring a warning and may lead to enforcement actions. Companies selling products potentially containing BPS in California must evaluate their items and provide "clear and reasonable" warnings if necessary to comply with the law. 
BPS is used in several types of consumer products. Common examples include thermal paper, often used for receipts, linings for food cans and packaging, various types of plastics, some medical devices.
Failure to provide the required warnings can result in civil penalties of up to USD 2,500 per violation, per day.