U.S. California issues Information Letter on Bisphenol S (BPS)

Vol. 1510 | 23 Dec 2025

OEHHA’s BPS guidance clarifies that thermal receipts and labels with BPS create consumer product exposures under Proposition 65, triggering pre purchase warnings off the receipt itself. Standard safe harbor language is acceptable, and businesses must also evaluate occupational exposure for workers handling BPS-containing paper.

The Office of Environmental Health Hazard Assessment (OEHHA) has issued information letters regarding Bisphenol S (BPS). OEHHA has provided guidance through information letters to assist businesses with compliance, particularly concerning BPS in thermal paper (e.g., receipts, labels).

The various developments pertaining to BPS since the time OEHHA first added Bisphenol S (BPS) to the California Proposition 65 list of chemicals are summarized below, and these determinations were made by the Developmental and Reproductive Toxicant Identification Committee (DARTIC):

• Female reproductive toxicity: Effective December 29, 2023, and the warning requirement for significant exposures to BPS took effect on December 29, 2024, for the female reproductive endpoint.
• Male reproductive toxicity: Effective January 3, 2025.
• Developmental toxicity: Effective December 8, 2025.

More information can be found here.

Key Takeaways from OEHHA's Information Letter for BPS:

• Consumer Product Exposure: Thermal receipt paper or labels containing BPS are considered "consumer product exposure," which triggers a Proposition 65 warning obligation even if they just accompany a purchased product. A “consumer product” is any article or component “that is produced, distributed, or sold for the personal use, consumption, or enjoyment of a consumer.” (Cal. Code Regs., tit. 27, § 25600.1(d).) A “consumer product exposure” can result from the storage, consumption, or foreseeable use of a product, but it can also result from the product’s “acquisition” or “purchase.”
• Warning Placement: Warnings must be provided before the exposure occurs. Therefore, a warning cannot be printed on the receipt or label itself. Placing a warning near or at cash registers is suggested, which allows customers to choose an emailed receipt or avoid the product.
• Safe Harbor Language: The letters confirm that standard "safe harbor" warning language is appropriate. OEHHA encourages businesses to add language that identifies the source of the exposure, such as noting the warning is for the "receipt or label".
• Occupational Exposure: Businesses should also consider potential occupational exposure for workers who frequently handle BPS-containing receipts or labels.

The link to the letter is provided here.

For questions, please contact Andrew Loveland (andrew.loveland@intertek.com) and Harini Ramaswamy (harini.ramaswamy@intertek.com).

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