Settlement Related to BPA in Athletic Shirts Under California Proposition 65

Over the last year, there have been several 60 Day Notices issued to many brands, retailers and manufacturers for allegedly containing bisphenol A (BPA) in athletic shirts which are made primarily of polyester and contain some spandex.

To date, there has been one Consent Judgement settled for athletic shirts made primarily of polyester with spandex containing BPA.

The injunctive relief in that judgement includes the following:

Reformulation: Per the judgement, a product “contains BPA” if BPA is intentionally added to the product or product component or contains more than 10 parts per billion BPA. Also, BPA cannot be replaced with any other bisphenol (such as Bisphenol S).

OR:

Warning label: Election to Warn: athletic shirts containing more than 10 ppb BPA may bear the appropriate warning, as follows:

Warning: This product can expose you to chemicals including Bisphenol A (BPA) which is known to the state of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov

Related Regulatory Updates
•60 Day Notices for BPA in Sports Bras and Athletic Shirts under CA Prop 65 (Oct. 2022)
•BPA in Socks Settlement Under California Proposition 65 (June 2022)

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