SG 167/23
A consent judgment under Proposition 65 (Prop 65) has been finalized for athletic shirts composed mainly of polyester with spandex that contains bisphenol A (BPA).
There has been a rise in 60-day notices for BPA in 2023, with several brands, retailers and manufacturers recently being served with notices from the Californian Center for Environmental Health (CEH) alleging Prop 65 violations. These notices cite a failure to provide the correct warnings for products containing BPA, which includes sports bras, socks and athletic shorts. These products are primarily made of polyester and contain some spandex.
The most recent settlement associated with BPA has concluded with the establishing of a reformulation limit of no more than ten parts per billion (ppb) BPA in athletic shirts. Additionally, the settlement prohibits the substitution of BPA with other bisphenols (such as BPS), but it does permit the inclusion of a warning option, as follows:
The presence of BPA is a cause for concern, given its known associations with developmental issues, serious eye damage, respiratory irritation, skin allergies and reproductive harm. The CEH has acted by sending legal notices to companies alleging the inclusion of BPA in products without providing adequate warnings. These companies are granted a 60-day period to cooperate with the center to rectify any violations before the group initiates a complaint in the California state court that would compel them to address the issue.
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Reference
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