California Proposes Ban on Bisphenols and PFAS in Certain Children’s Products

SG 53/24

In February 2024, the US state of California introduced SB 1266 to prohibit two categories of children’s products if they contain bisphenol, perfluoroalky or polyfluoroalkyl substances, unless these substances are a temporarily essential chemical.

The two categories of children’s product are:

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

According to the definitions in SB 1266, ‘temporarily essential chemical’ is defined as a chemical that meets all of the following conditions:

• There are no safer alternatives
• The chemical is necessary for the product’s function
• The chemical is being used in a product that is critical for the health, safety or function of society

SB 1266 would revise Sections 108940 to 108941 and adds Section 108942 to the state’s Health and Safety Code, relating to product safety.

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

Table 1

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