In December 2023, Bisphenol S (BPS) was added to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). Companies had twelve months from the listing before the warning requirement went into effect. Since the beginning of the year, we’ve been waiting to see what BPS enforcement would look like.
On Tuesday, Center for Environmental Health (CEH), one of the entities in California that regularly enforces Prop 65, issued the first Prop 65 notice for BPS. This notice concerns alleged exposure to BPS in thermal receipt paper. The notice names eight retailers.
Here’s what you need to know.
Why would BPS be in thermal receipt paper?
BPS (and BPA) have been used in thermal paper as developers that assist in the heat-activated printing process.
Is there a safe harbor exposure level for BPS?
The Office of Environmental Health Hazard Assessment (OEHHA) has not established any safe harbor exposure levels for BPS. Companies evaluating whether to provide warnings for exposures to BPS will need to determine what the appropriate Maximum Allowable Dose Level (MADL) would be and whether any exposures that occur as a result of handling receipt paper exceed that level.
What should I do?
If you’re a retailer that uses thermal receipt paper, you may want to verify with your suppliers whether they utilize BPS, and if so, consider whether to post Prop 65 warnings at the point of sale or change to a different receipt paper.
This sounds familiar
Several years ago, CEH issued a series of Prop 65 notices regarding alleged exposure to BPA in thermal paper. Most of the companies involved in the prior litigation settled, agreeing to remove BPA from their thermal paper, and many of them agreed to avoid other bisphenol chemistries. While much of the industry moved away from the use of BPA in thermal paper, it’s possible that companies transitioned to other phenol-based chemicals, like BPS. And, even if a paper supplier confirmed that they would remove BPS from their paper, our experience in the BPA receipt paper litigation suggests that a “trust but verify” approach is appropriate.
What’s next for BPS?
We expect this notice to be the tip of the iceberg for BPS enforcement. We expect additional claims will be forthcoming. In December 2024, Developmental and Reproductive Toxicant Identification Committee (DARTIC) voted in favor of listing BPS as a reproductive toxicant male reproductive endpoint.