With effect from 29 December 2023, the Office of Environmental Health Hazard Assessment (OEHHA) has added bisphenol S (BPS) to the Proposition 65 list as a reproductive toxicant. The listing was made through the "state's qualified experts" mechanism, based on a determination by the Developmental and Reproductive Toxicant Identification Committee (DARTIC) that the chemical clearly shows female reproductive toxicity.

Under the Proposition 65 requirements, once a new substance is listed, manufacturers and distributors must implement warnings within 12 months and eliminate discharges of the chemical into sources of drinking water within 20 months. After that date, government or private enforcers, including individuals or organisations acting in the public interest, may bring legal action against violators. Products containing a newly listed substance may face litigation and substantial fines.

Newly listed substance

Substances listed in 2023