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USA: CALIFORNIA PROPOSITION 65 – Watch out for Bisphenol A in Softlines Products

SEPTEMBER 2023 - SOFTLINES

California Proposition 65 settlements in softlines products primarily revolve around the presence of lead and phthalates. However, since 2021, another chemical, bisphenol A (BPA), has emerged as a significant concern.

WHAT IS IT?

BPA is a chemical commonly used in the production of polycarbonate plastic, which finds extensive use in various consumer goods. BPA is classified as an endocrine-disrupting chemical and poses potential risks to both human health and the environment. It has been included in California Proposition 65 as a known substance that can cause harm to female reproductive and developmental health.

The maximum allowable dose level (MADL) for BPA is set at 3 micrograms per day for dermal exposure to solid materials. If BPA exposure exceeds this threshold, a Proposition 65 warning label is required. Specifically, regarding reproductive toxicants, the warning label is as follows:

essentials

Short-form warning:

CURRENT SITUATION

It has been a concern of BPA found in baby bottles, food and drink can linings. However, there has been an increase in the number of 60-day notices issued regarding BPA in softlines products, such as socks, sports bras, athletic shirts, and heels. These textile products are typically made of polyester with spandex, making it possible for users to be exposed to BPA either through ingestion or skin absorption. To date, settlements have only been reached for socks and heels among the softlines products mentioned.

Bisphenol A Settlements related to softlines products:

Case Number

Source/Product

Limit/Specification

San Francisco Superior Court: CGC-22-598022

Socks made primarily of polyester with spandex

Intentionally added BPA is not allowed; or BPA ≤ 1 ppm;
BPA cannot be replaced with any other phenol (such as Bisphenol S*)

Test method:

Solvent extraction using acetonitrile and analyzed by LC-MS

*Bisphenol S is not listed on Proposition 65 but it is also mentioned in the settlement.

Settlement agreement
Ref: 2022-00715

Heels

BPA ≤ 3 micrograms per day for dermal exposure

Test method:

BPA migration test by NIOSH-approved sampling and analytical methods

HOW DOES THIS IMPACT YOU AND YOUR BUSINESS?

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