California Bans Bisphenols in Certain Juvenile Products

SafeGuardSToys and Juvenile Products08 Oct 2024

SG 150/24

California has approved measures to regulate bisphenols in two categories of juvenile products. The restrictions will become effective on January 1, 2026.

In 2011, California enacted the Toxin-Free Infants and Toddlers Act (the Act) to restrict bisphenol A (BPA) to no more than 0.1 ppb in food contact bottles and cups for children aged three years or younger (AB 1319, Chapter 467). This Act was codified as Chapter 12 (commencing with Section 108940) to Part 3 of Division 104 of the Health and Safety Code (HSC).

On September 27, 2024, the governor of California signed SB 1266 (Chapter 790) into law to expand the existing ban on BPA in children’s food contact bottles and cups to any form of bisphenol in juvenile feeding bottles and juvenile sucking or teething products above the practical quantitation limit (PQL, as defined under 22 California Code of Regulations §69501.1(a)(52)), to be determined by the Department of Toxic Substances Control (DTSC).

According to the definitions in the new law, the two categories of juvenile products have the following meaning:

Juvenile feeding products – consumer products designed or intended to be filled with liquid, food or beverage intended primarily for consumption from that bottle or cup by children younger than 12 years of age
Juvenile sucking or teething products – consumer products designed or intended to help a child younger than 12 years of age with sucking or teething in order to facilitate sleep or relaxation

Highlights of a comparison between SB 1266 and the current state’s HSC Section 108940 are summarized in Table 1.

	SB 1266 to amend Health and Safety Code Section 108940	Health and Safety Code Section 108940
Scope	Juvenile feeding products Juvenile sucking and teething products	Bottles and cups designed and intended to be filled with any liquid, food or beverage intended primarily for consumption by children three years of age or younger
Substance	Bisphenols	Bisphenol A
Requirement	≤ PQL, to be determined by DTSC¹	≤ 0.1 ppb
Effective date	January 1, 2026	July 2013
¹DTSC may also establish standards that are more protective of public health, sensitive populations, or the environment

Table 1

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