New Settlement Reformulations for BPA Under California Proposition 65

Since April 2018, two Californian Prop 65 settlement agreements have been reached involving BPA in consumer products. The agreements concern thermal paper and cell phone cases.
( | Press Release | 2018-09-07 18:51:15 )
Two new California Proposition 65 (Prop 65) agreements have been reached concerning the use of bisphenol A (BPA) in thermal paper and cell phone cases.

The settlement involving thermal paper has resulted in an agreed reformulation of less than 10 ppm BPA – a concentration value twice as strict as that previously reported in Safeguard 190/17. This is also the first time a reformulation agreement has been reached on BPA in cell phone cases – to less than or equal to 3.0 ppm or a Prop 65 Warning.

BPA was first included on the Prop 65 list, as a chemical known to cause female reproductive toxicity, in May 2015. Several enforcement actions have been instigated since May 2016, resulting in settlements for thermal paper and food contact products, for example polycarbonate dishware. The latter has now been amended from ‘no more than 1000 ppm’, to ‘BPA-free’ or a Prop 65 Warning.

California Proposition 65 is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer ‘right-to-know’ law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 860 substances and has consistently targeted consumer products containing flame retardants, lead and phthalates.

Prop 65 has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning, the language for which will change on August 30, 2018. In addition, companies must also cease discharging listed chemicals into sources of drinking water.

Businesses with less than 10 employees and government agencies are exempt from these two provisions, as are businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

Stakeholders should be aware that companies not named in a settlement are not legally bound by it.

SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services. []

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Proposition 65 Reformulation of BPA in Consumer Products SafeGuardS. []

Subscribe here,, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hingwo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420

About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.

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Ben Christie

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