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USA: California Proposition 65 cases update on PFOA and BPA

OCTOBER 2023 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

Recently, multiple California Proposition 65 settlements have been reached for certain products containing perfluorooctanoic acid (PFOA) or bisphenol A (BPA).

Proposition 65 is a “right to know” act. The law requires businesses with 10 or more employees to provide a clear and reasonable warning before knowingly and intentionally exposing Californians to listed chemicals. Currently, the Proposition 65 list has more than 900 chemicals1.

PFOA is on the Proposition 65 list because it is known to cause cancer while BPA is listed because it is female reproductive toxic. From last year, a number of 60-Day notices were issued due to products containing PFOA or BPA without Proposition 65 warnings. Up to now, several settlements have been reached.

The below table summarises the settlements for products containing PFOA or BPA. 

Chemical

Case Number

Product

Reformulation

PFOA
Settlement Agreement Ref. 2023-01284 Gas tank covers
  • Total organic fluorine: ≤ 100 ppm; and
  • Intentionally added PFOA is not allowed
Settlement Agreement Ref. 2022-02498 Coverall bibs and other bibs
Settlement Agreement Ref. 2023-01283
Kids' lunch bag Total organic fluorine: ≤ 100 ppm
Settlement Agreement Ref. 2022-00647  Paper straw Warning is required
BPA San Francisco Superior Court
CGC-23-604604
Athletic shirts made primarily of polyester with spandex
  • Intentionally added BPA is not allowed; or BPA ≤ 10 ppb;
  • BPA cannot be replaced with any other phenol (such as Bisphenol S)

Test method of BPA: extraction using acetonitrile and analysed by Isotope dilution LC-Tandem MS (LC-MS)

Settlement Agreement Ref. 2022-01262 Computer case BPA: ≤ 3 µg (BPA wipe testing)
Settlement Agreement Ref. 2022-00465 Sport face mask/protector
San Francisco Superior Court
CGC-22-603011
Bike water bottle cage
 
 

 


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