A new California Proposition 65 (Prop 65) settlement agreement covering the use of bisphenol A (BPA) in thermal paper was reached in December 2017. The settlement requires the reformulation of BPA to less than 20 ppm, with no intentionally added BPA.
BPA has been listed as a chemical known to cause female reproductive toxicity since May 11, 2015, and, since May 2016, enforcement actions against businesses that fail to warn consumers about exposure to BPA have resulted in several settlement agreements.
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 800 substances.
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. 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.
Businesses not named in a specific Prop 65 settlement are not legally bound by that agreement. However, due to the unique nature of Prop 65, companies should use settlement reformulation limits as a reference, in order to avoid possible future litigation.
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 Thermal Paper SafeGuardS.
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For further information contact:
Hing Wo Tsang Ph.D
Global Information and Innovation Manager
Tel:(+852) 2774 7420
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