Expansion of BPS Regulation
Bisphenol S (BPS) was officially recognized as a male reproductive toxicant under California’s Proposition 65. Initially added to the list in December 2023 as a female reproductive toxicant, the California Office of Environmental Health Hazard Assessment (OEHHA) expanded the classification following confirmation from the Developmental and Reproductive Toxicant Identification Committee (DARTIC). The committee's findings confirmed that BPS harms male reproductive health, making any detectable presence of the chemical in products subject to Proposition 65 warning requirements.
Impact on Male Reproductive Health
BPS, like other bisphenols such as BPA and BPF, is an endocrine disruptor that can significantly affect male fertility. These chemicals damage testicular cells, leading to apoptosis (cell death), DNA damage, mitochondrial dysfunction, and impaired cell communication. Bisphenols are known to interfere with hormone receptors and disrupt reproductive functions, with studies confirming their negative effects both in utero and in adult males.
Common Uses and Presence in Consumer Products
BPS is often used as a replacement for BPA and is found in numerous products, including synthetic textiles (like nylon and spandex), thermal paper (such as receipts and labels), leather, and plastics. It may either be intentionally added or present due to contamination from recycled materials.
Compliance Requirements for Businesses
Starting December 29, 2024, businesses selling BPS-containing products in California must comply with Proposition 65’s warning requirements. This expanded listing is expected to lead to increased enforcement actions against companies that sell products containing detectable levels of BPS. To mitigate legal risks, businesses are advised to:
• Conduct regular product testing
• Evaluate chemical compositions throughout the supply chain
• Secure Proposition 65 certifications and indemnity agreements from suppliers
OEHHA Proposition 65 Announcement
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