BPA in Socks Settlement Under California Proposition 65

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) includes bisphenol A (BPA) in their Proposition 65 List. It is listed as a chemical known to cause developmental and female reproductive harm.

Background
Over the last several months, many sock brands, retailers and manufacturers received 60 Day Notices for allegedly containing bisphenol A (BPA) in socks. Proposition 65 warning labels for the presence of BPA were not provided with these products when sold.

The socks included in the notices were made primarily of polyester with spandex. All size ranges are included in the notices, but the emphasis was on babies’/children’s socks.

The route of exposure for the chemical is dermal absorption directly through the skin when wearing the socks, and ingestion via hand-to-mouth contact after touching or handling the socks.

Update
The first known settlement for socks made primarily of polyester with spandex which contain bisphenol A (BPA) has been finalized. The injunctive relief includes the following:
- A product “contains BPA”, if BPA is an intentionally added ingredient in the product or a component of the product, OR;
- Contains more than 1 part per million (ppm) BPA.
- The settling defendant cannot replace the BPA with any other phenol (such as Bisphenol S or BPS)
- Election to Warn: socks containing more than 1 ppm BPA may bear the appropriate warning, as follows:

Bureau Veritas Assistance
By monitoring Proposition 65 actions and settlements, Bureau Veritas help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products; identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program an ongoing basis.

If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com
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