- within Government, Public Sector, Environment, Food, Drugs, Healthcare and Life Sciences topic(s)
- with Finance and Tax Executives
- in United States
- with readers working within the Environment & Waste Management and Utilities industries
A new California initiative aims to classify all p,p'-bisphenol chemicals, including ethers and esters of p,p'-bisphenols, bisphenol AF, bisphenol AP, bisphenol B, and bisphenol Z, as reproductive toxins under Proposition 65. Bisphenol chemicals have been reported in consumer and industrial products including food packaging, medical devices, dishware, laminate, various plastic products and grout.
California's Proposition 65 requires, among other things, businesses to provide warnings to consumers regarding exposure to chemicals known to the state of California to cause cancer, birth defects or reproductive harm. Violation of Proposition 65 can result in civil penalties up to $2,500 per violation.
Proposition 65 already regulates BPA (bisphenol A) and BPS (bisphenol S), structurally similar compounds belonging to the bisphenol family. An expanded list of chemicals under Proposition 65 is likely to increase litigation, particularly with private enforcers who accounted for 20% of all notices of violations in 2025. Many of these suits result in settlements where private enforcers routinely take home 25% of the civil penalties imposed. Attorneys routinely recover their fees, and the impacted entities are required to provide compliant warnings or reformulate products at issue.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]