California Proposition 65 60-Day Notices for BPA and PFOA on Textile Products

SG 67/23

The Center for Environmental Health (CEH) found bisphenol A (BPA) and perfluorooctanoic acid (PFOA) in several textile products. Legal 60-Day Notices were issued for products that did not provide Proposition 65 warning labels.

In recent years, there has been a growing concern over the potential health risks associated with the use of BPA in consumer products. After warning customers in October about BPA in athletic clothes, CEH has expanded its 60-Day Notice to cover a broader range of athletic wear, including athletic shirts, leggings, athletic shorts, and sports bras.   Products selected for testing are made primarily of polyester/spandex blends and were found to contain high amounts of BPA that could expose wearers to up to 40 times the safe limit, potentially causing long-term health impacts. Although the U.S. has not implemented a complete ban on BPA, under the California Proposition 65 (Prop 65) regulation the maximum allowable dose level for BPA via skin exposure is three micrograms per day.

BPA is a hormone-disrupting chemical listed in Prop 65 and is considered to be potentially harmful to human health and the environment. It has been shown to have developmental toxicity, carcinogenic effects and possible neurotoxicity that is linked to hormonal disruptions, reproductive disorders, diabetes and increased risks of certain cancers. The possible routes of BPA exposure are by ingestion or through absorption into the skin.

Apart from BPA, per- and polyfluoroalkyl substances (PFAS) are also increasingly being targeted for Prop 65 enforcement actions. Recently, there have been several 60-Day Notices filed against companies for alleged exposure to perfluorooctanoic acid (PFOA) in textile products without Prop 65 warning labels. The list of products involved includes crib mattress pads, grill mats, fabric shower liners, fabric shower curtains, stadium blankets, jackets, kid's lunch bags, gas tank covers, trek pants and men's joggers.

PFAS are commonly used in textile products such as apparel, footwear, bedding, draperies and upholstery, to provide water, grease and stain repellent or resistant properties. PFAS are hazardous to human health and are highly persistent in the environment, which is why they are referred to as ‘forever chemicals’. Under the terms of California bill AB 1817, intentionally added PFAS will be prohibited in the manufacture, distribution and sale of textiles from 2025.

The 60-Day Notices for a consumer product containing hazardous chemicals (including BPA or PFOA), listed under Prop 65 and introduced by the California Office of Environmental Health Hazard Assessment (OEHHA), aims to provide consumers with important information about the presence of these chemicals in the products they purchase. The CEH sent legal notices to the involved companies giving them 60 days to work with the center to remedy the violations before the group files a complaint in the California state court. Under Prop 65, businesses are required to provide warning labels to consumers for those chemicals that can cause cancer, birth defects or other reproductive harm.

References

1. California Proposition 65
2. 60-Day Notice
3. California Law AB 1817

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