Highlights
- California's Department of Toxic Substances Control (DTSC) has proposed listing microplastics as "Candidate Chemicals" under the Safer Consumer Products Program, marking a turning point in regulating broad material categories rather than specific compounds. A listing could trigger DTSC to evaluate whether microplastics are present within specific consumer product categories, which could lead to specific consumer products being characterized as "Priority Products" for regulation. If a consumer product is designated as a Priority Product, manufacturers of those products would be required to notify DTSC that microplastics are in their products, conduct an Alternatives Analysis and implement regulatory responses such as reformulation, disclosure, use restrictions or product redesign.
- If listed, the regulation of microplastics could touch a diverse range of sectors – including textiles, apparel, personal care, packaging, automotive, electronics and construction – and particularly those products involving synthetic polymers subject to wear, weathering or water exposure.
- California's proposal may drive product formulation considerations by the regulated community, given the state's marketplace importance and influence on other state regulatory actions. Though decisions are pending, companies should consider assessing product portfolios, mapping supply chains and evaluating regulatory exposure.
California's Department of Toxic Substances Control (DTSC) has proposed listing microplastics on its "Candidate Chemicals List" under the Safer Consumer Products (SCP) Program, a regulatory framework designed to reduce toxic chemicals in consumer products. If finalized, this listing would initiate technical evaluation and could lead to restrictions of consumer products that contain or release microplastics.
Unlike most chemical listings, this proposal targets a broad material category – microplastics – rather than a single compound. This listing approach may signal the potential future regulation of other complex materials such as nanomaterials, per- and polyfluoroalkyl substances (PFAS) mixtures or engineered polymers on a category rather than compound basis.
The California proposed action comes as the scope of federal policy regarding chemicals and plastics is beginning to come into focus. In December 2024, the Biden Administration's U.S. Environmental Protection Agency (EPA) completed a 12-month statutory process to designate five chemicals used in plastics production as high-priority chemicals for risk evaluation under the Toxic Substances Control Act (TSCA). On Jan. 15, 2025, the EPA released a draft risk evaluation scope for one of these chemicals. However, the June 18, 2025, deadline for finalizing the scopes for all five chemicals passed under the current administration's EPA. As discussed in a previous Holland & Knight alert, recent extensions of more than one year were also granted to companies to report unpublished health and safety information for these (and other) chemicals.
This extension and projections that U.S. involvement in international negotiations related to plastics policy could shift and may set the stage for states and foreign countries to adopt divergent regulations covering the same chemical substance.
Companies should also monitor whether DTSC leverages the new authority it was granted under California Senate Bill (SB) 502 (2022) to bypass traditional Alternatives Analyses by relying on existing public studies. This could accelerate regulatory timelines and reduce opportunities for stakeholder engagement.
Background
On June 20, 2025, DTSC issued a Notice of Proposed Action to include microplastics – defined as solid polymeric materials less than 5 mm in size – as a Candidate Chemical. This includes particles intentionally manufactured (e.g., microbeads), as well as those generated through degradation (e.g., synthetic fibers, tire wear particles and paint flakes).
Candidate Chemical listing under the DTSC's Safer Consumer Products Program (SCPP) does not itself impose immediate compliance obligations on manufacturers. However, once listed, DTSC will begin to evaluate whether it will regulate any products containing a newly listed Candidate Chemical by listing them as a "Priority Product." Before listing a Priority Product containing a Candidate Chemical in the California Code of Regulations, DTSC follows the formal rulemaking process under the California Administrative Procedure Act (APA), which includes a 45-day public notice and comment period and external scientific peer review.
In determining which products to evaluate, DTSC focuses on the product categories it has identified in its Priority Product Work Plan, which is issued every three years. For 2024 through 2026, DTSC is focused on the following consumer product categories:
- beauty, personal care and hygiene products
- cleaning products
- building products and materials used in construction and renovation
- children's products
- paints
- products that contain or generate microplastics
- motor vehicle parts, accessories, maintenance and repair materials (previously motor vehicle tires)
- food contact articles (previously food packaging)
- electronics
- products used or produced by metal plating and finishing facilities
- pet care products
- sporting and athletic equipment
Once any product is listed as a Priority Product, manufacturers are required to submit a notice – called the Priority Product Notification (PPN) – within 60 days of listing, followed by an Alternatives Analysis. Based on the Alternatives Analysis, manufacturers must implement regulatory responses such as reformulation, disclosure, use restrictions or product redesign. After Priority Products are designated, failure to comply with SCPP regulatory requirements may result in penalties of up to $50,000 per violation per day under California Health and Safety Code § 25253.7, as amended by SB 502. Actions for penalties may be brought by DTSC.
DTSC has determined that the proposal is exempt from the California Environmental Quality Act (CEQA) under a statutory exemption for regulatory programs designed to protect public health or the environment, expediting implementation without an environmental impact report.
Technical and Strategic Implications for Industry
California's proposed listing of microplastics represents both a technical turning point and potential strategic signal for companies operating in consumer-facing and materials-intensive sectors. Though no products are currently subject to regulation, DTSC may move quickly to identify Priority Products following the close of the comment period. The broad scope of the microplastics definition – encompassing both intentionally added and degradation-derived particles – means that even companies without direct polymer inputs may be affected through supply chain or product life cycle pathways.
As a result, a wide range of stakeholders should consider paying close attention to this development, including:
- product manufacturers that use synthetic polymers, coatings or additives in consumer goods
- retailers and importers of products sold in California, especially those with private-label lines
- legal and compliance teams managing multijurisdictional chemical regulations
- sustainability and environmental, social and governance (ESG) officers responsible for material transparency and environmental risk
- investors and insurers evaluating exposure to regulatory and reputational risks in the plastics space
Industries and product categories that could be affected include:
- textiles and apparel (including synthetic fabrics and performance wear)
- personal care products (e.g., exfoliants, toothpaste, cosmetics with microbeads)
- cleaning products and detergents
- paints, coatings and sealants
- tires and automotive products (e.g., brake pads, underbody coatings)
- children's products and toys
- packaging and single-use plastics
- construction materials (e.g., insulation, roofing materials, synthetic turf)
- laundry and dishwashing pods or films
- 3D-printed products and engineered polymers
- home goods (e.g., sponges, floormats, upholstery)
- electronics and wearables (e.g., polymer casings and insulation)
- outdoor gear and footwear
- medical devices and disposables containing synthetic polymers
Public Comment Opportunity
- Comments are due by Aug. 4, 2025, and may be submitted via DTSC's CalSAFER portal.
- A public hearing is not currently scheduled but may be requested within 15 days after the close of the comment period.
What to Watch
- SB 502 implementation and potential fast-tracking of Priority Product rules
- First Priority Product proposal (expected fall 2025)
- Geneva plastics treaty negotiations (August 2025)
- EPA's delayed TSCA scope finalizations and fee implications
Recommendations for Industry Stakeholders to Consider
- Conduct technical assessments of product formulations, production processes and life cycle behavior to identify potential microplastic content or emissions.
- Evaluate supply chains for upstream sources of microplastics and assess the feasibility of alternative materials.
- Engage early in the regulatory process by submitting data-driven public comments or seeking clarification on scope and definitions.
- Monitor DTSC's regulatory activity for proposed Priority Product listings, which could begin as early as fall 2025.
- Track parallel developments globally, including the European Union's Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) microplastics restriction and other emerging regulatory frameworks.
- Monitor additional international developments, including Canada's microplastics labeling initiatives and the upcoming August 2025 round of global plastics treaty negotiations in Geneva, which may influence U.S. regulatory posture.
Looking Ahead
California's proposal underscores a growing regulatory focus on microplastics. Though it is not an immediate compliance mandate, it opens the door to potential future product restrictions, increased scrutiny and supply chain obligations. The unprecedented breadth of this listing, combined with potential fast-tracking under SB 502, suggests that companies should consider evaluating their product portfolio with respect to potential Priority Product designations and begin preparing. Early action may mitigate compliance risk and position companies as proactive leaders in sustainable product design.
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.
