Prop 65 Updates: New MFH Listing and BPS Developmental Toxicity Endpoint Added

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On December 5, 2025, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of N-methyl-N-formylhydrazine (MFH) to the Prop 65 list as a carcinogen.  On the same day, OEHHA also announced that it is adding the developmental toxicity endpoint to the listing for bisphenol S (BPS).  Both listings took effect December 8, 2025.

MFH (CAS RN 758-17-8)

MFH was added to the Prop 65 list via the “state’s qualified experts” mechanism following a November 18, 2025, determination by the Carcinogen Identification Committee (CIC).  The warning requirement for significant exposures to MFH will take effect one year after its listing, on December 8, 2026.

According to an August 2025 OEHHA document describing the evidence of MFH’s carcinogenicity, MFH is naturally occurring in edible Gyromitra mushrooms.  MFH is also used in the production of marbofloxacin (an antibacterial agent used in veterinary medicine) and for research purposes.

BPS (CAS RN 80-09-1)

The developmental toxicity endpoint for BPS was also added via the state’s qualified experts mechanism after an October 9, 2025, meeting by the Developmental and Reproductive Toxicant Identification Committee (DRTIC).  OEHHA’s evidence document for BPS’s developmental toxicity can be found here.

BPS has been included on the Prop 65 list since December 2023, when it was listed for female reproductive toxicity.  The warning requirement for significant exposures to BPS took effect in 2024.  In January 2025, OEHHA also added the male reproductive toxicity endpoint for BPS.

OEHHA has not established a maximum allowable dose level (MADL) safe harbor for BPS (under which a warning is not required).  As of the date of this post, private enforcers have sent over nine hundred 60-day notices to companies, alleging that customers may be receiving significant exposures to BPS from receipt papers without warning.

In recent out-of-court settlements, including an October 2025 settlement with Build-A-Bear Workshop, Inc., companies have committed to using “BPS free” thermal receipt paper.  In these settlements, BPS free is typically defined as less than 100 or 200 parts per million BPS and no intentionally added BPS, with some agreements also requiring no intentionally added bisphenol A (BPA).

The complete, updated Prop 65 list can be found here.

DTSC Releases Microplastics Background Document Ahead of December Workshop

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This month, California’s Department of Toxic Substances Control (DTSC) released a public background document summarizing its research on products that contain or generate microplastics.  DTSC is requesting comment on the specific product categories evaluated in the document through January 16, 2026.  The department will also hold a virtual workshop to receive public input on December 11, 2025, at 9:30am PT.

Background

The background document and workshop are part of DTSC’s rulemaking to add microplastics to the Safer Consumer Products (SCP) program candidate chemicals list.  As discussed previously, adding microplastics to the list would not itself create new regulatory requirements, but it would allow DTSC to pursue restrictions in specific products that contain or generate microplastics in the future.

According to DTSC, the background document is part of its “external engagement process, which helps us decide whether to conduct additional research or potentially list one or more products that contain or have the potential to generate microplastics as Priority Products.”  The department also notes that, based on its evaluation, it is “concerned about the potential for adverse impacts from exposure to microplastics in consumer products frequently used by the general public, workers, and children.”

Evaluated Product Categories

DTSC outlines preliminary screening results for the following product categories:

  • Artificial turf infill
  • Children’s toys that contain primary microplastics
  • Cleaning products
    • Intentionally added polymers in laundry and dishwashing detergents
    • Polymeric fragrance microcapsules in laundry detergents and fabric softeners
    • Water-soluble polymers in laundry and dishwashing detergents pods
  • Food contact articles
    • Plastic baby feeding bottles
    • Plastic beverage bottles and caps
    • Plastic cling wraps and films
    • Plastic wrappers for snacks and candy
    • Polystyrene foam foodware
    • Single-use plastic tea bags
  • Plastic film mulch used in agriculture
  • Single-use cigarette filters made of cellulose acetate
  • Water-based interior wall paints

For each evaluated product category, DTSC describes the type of microplastics present (primary/secondary), the potential for exposure, potential alternatives, and relevant US and international regulations.  An appendix lists additional evaluated product categories that may be considered for further research.

These categories fall under DTSC’s current work plan product category of products that contain or generate microplastics, discussed in a previous post.

Requested Information

The background document identifies a number of data gaps for which DTSC seeks public input.  For example, regarding water-based interior wall paints, DTSC requests information on whether manufacturers are developing non-plastic alternatives to primary microplastics, obstacles to replacing them, whether alternatives can provide comparable performance, and which types of paint could feasibly transition away from microplastics while still meeting performance requirements.

Interested parties can submit comments trough DTSC’s CalSAFER portal.  As noted above, comments will be accepted through January 16, 2026.

Update – December 4, 2025

DTSC has announced that written comments on the background document will now be accepted through 11:59pm PT on January 30, 2026.

California Settles $1.75M Lawsuit Over False Plastic Bag Recycling Claims, Launches Another

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California’s attorney general has reached a $1.75 million settlement with four plastic bag producers and initiated a lawsuit against three more, alleging that the companies falsely claimed their plastic bags were recyclable to comply with a state ban on single-use plastic bags known as SB 270.

According to the October 17, 2025, announcement, the defendants in both cases labeled their bags with the “chasing arrows” recycling symbol, made recyclability claims, and self-certified their products as recyclable.  However, when the attorney general’s office sent demand letters requiring that the producers substantiate their claims, they were allegedly unable to provide sufficient evidence.

“[D]espite the manufacturers’ claims and widespread consumer belief, these bags do not, in fact, appear to generally be recyclable, let alone ‘recyclable in the state,’ as SB 270 requires,” the announcement states.

California’s recycling authority, CalRecycle, has “released several reports indicating that the vast majority of plastic carryout bags in California are not being recycled in California,” the most recent complaint states.  Even plastic bags deposited in designated collection bins mostly “end up in landfills or incinerators or are shipped to other countries.”

In addition to violating SB 270, all defendants face alleged violations of California’s Environmental Marketing Claims Act, False Advertising Law, and Unfair Competition Law.  Some of the violations stem from alleged noncompliance with the Federal Trade Commission’s (FTC’s) Green Guides, which are incorporated into California law.

The settlement is subject to court approval.  A copy of the proposed final judgement can be found here.

California Governor Blocks Bill Targeting Microbeads and Glitter

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A California bill that sought to expand state restrictions on the use of small plastic particles known as microbeads in consumer products was vetoed by Governor Gavin Newsom on October 11, 2025.

Beginning in 2029, AB 823 would have prohibited the sale of:

  • Personal care products containing plastic glitter.
  • Non-rinse-off personal care products that use microbeads as an abrasive to clean, exfoliate, or polish.
  • Cleaning products that use microbeads as an abrasive to clean, exfoliate, or polish.

Under the proposal, companies would have been permitted to sell their existing inventories of these products until 2030.

In his veto message, Newsom wrote:

“I support efforts to protect California’s waterways, ecosystems, and public health from the real and significant harms caused by the prevalence of microplastics in our environment.  However, I am not supportive of the approach this bill takes to ban specific ingredients, such as glitter, which may incidentally result in a prohibition on biodegradable or natural alternatives.”

Existing California law already prevents the sale of personal care products that use microbeads to exfoliate or cleanse in a rinse-off product, such as toothpaste.  Products containing less than one part per million by weight of plastic microbeads are exempt.

Two days after the veto, Newsom rejected a separate bill that would have expanded restrictions on the use of PFAS in many consumer products.  More on that can be found here.

California Governor Vetoes PFAS Bans, Citing Cookware Concerns

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On October 13, 2025, California Governor Gavin Newsom vetoed SB 682, a high-profile bill that would have phased out the use of intentionally added PFAS across a wide range of consumer products.   The legislation represented one of California’s most comprehensive efforts to limit PFAS use, covering items from cookware to cleaning products.

In his veto message, Newsom wrote that “the broad range of products that would be impacted by this bill would result in a sizable and rapid shift in cooking products available for Californians.”  He added that “while this bill is well-intentioned, I am deeply concerned about the impact this bill would have on the availability of affordable options in cooking products.”

Under SB 682, the use of intentionally added PFAS would have been prohibited in cleaning products, dental floss, juvenile products, food packaging, and ski wax beginning in 2028.  The ban on PFAS-containing cookware was set to take effect in 2030.

More on SB 682 can be found in a previous post.

California Releases Preliminary List of Companies Covered by New Climate Disclosure Laws

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On September 24, 2025, the California Air Resources Board (CARB) released a preliminary list of covered entities under two new California climate disclosure laws that will require thousands of companies to report, with initial reporting deadlines beginning in 2026.

California’s SB 261 and SB 253, enacted in 2023, apply to companies formed under U.S. law that do business in California and have total annual revenues above certain thresholds:

  • SB 261 ($500 million threshold): Requires biennial disclosure of climate-related financial risk beginning January 1, 2026.
  • SB 253 ($1 billion threshold): Requires annual disclosure of scope 1 and 2 greenhouse gas emissions for the prior fiscal year beginning in 2026, and scope 3 emissions beginning in 2027. CARB has proposed a June 30, 2026, deadline for the first submission.

For each company, the preliminary list indicates whether reporting is required under both laws or only under SB 261.

SB 261 Reporting Guidance

The preliminary list follows CARB’s September 2 release of draft guidance on compliance with SB 261, which clarifies what information covered entities must include in their biennial reports.

Under the draft guidance, covered entities can choose between three reporting frameworks to meet disclosure requirements for four different areas: governance, strategy, risk management, and metrics and targets.  For each reporting area, the draft guidance outlines minimum disclosure requirements.

The draft guidance acknowledges that disclosures “will vary depending on the company, the discretion of the preparers, and the chosen reporting framework.”  CARB also states that a “guiding principle in preparation of these reports should be meeting the needs of the users of the biennial reports,” such as “investors and other stakeholders.”

Notably, CARB is not currently requiring disclosure of scope 1, 2, or 3 emissions for the initial reporting period.  In addition, companies may submit disclosures based on either calendar year or fiscal year data for their first biennial report.

Prop 65 Warning for Titanium Dioxide Struck Down

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California’s Proposition 65 warning requirement for respirable titanium dioxide violates the First Amendment, the District Court for the Eastern District of California ruled on August 12, 2025, in The Personal Care Products Council v. Bonta, No. 2:23-cv-01006.

The decision is the latest in a series of rulings invalidating Prop 65 warnings for chemicals with disputed health risks. In 2023, the Ninth Circuit struck down a warning requirement for glyphosate, and in early 2025, the Eastern District of California invalidated a warning requirement for dietary acrylamide.  Blog posts on those cases can be found here and here.

The titanium dioxide order follows the same analytical framework. First, the court held that the warning failed the test set forth in Zauderer v. Office of Disc. Counsel, 471 U.S. 626 (1985), which allows for compelled commercial disclosures when they are “purely factual and uncontroversial.”

“[T]he parties admit that there is a clear debate over whether Listed Titanium Dioxide cases cancer in humans,” the order states.  “The Court finds the Prop 65 warning would likely improperly elevate ‘one side of a legitimately unresolved scientific debate.’”

As in the glyphosate and acrylamide cases, the court focused on how an average consumer would perceive the warning, not just whether each sentence was literally accurate.  “Even though each sentence on its own may be factually true, ‘the totality of the warning’ is nonetheless misleading,” the order states.

Second, the court found that the warning failed intermediate scrutiny under Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980) and was therefore unconstitutional.  The court concluded that the warning does not advance California’s interest in public health because titanium dioxide’s risks are not confirmed, and the state has less burdensome alternatives—such as making information available online.

Titanium dioxide is commonly used as a whitening pigment in cosmetic and personal care products. Its Prop 65 listing applies only to “airborne, unbound particles of respirable size.”

California Legislature Moves to Ban PFAS in Many Consumer Products

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On September 12, 2025, California’s Assembly and Senate approved SB 682, a bill imposing sweeping prohibitions on the use of intentionally added PFAS in a wide range of consumer products.  The legislation now heads to Governor Gavin Newsom for consideration.

As reported in a previous post, SB 682 would prohibit the distribution, sale, or offering for sale of cleaning products, dental floss, juvenile products, food packaging, and ski wax with intentionally added PFAS starting in 2028, and cookware beginning in 2030.

Since that earlier update, lawmakers amended the bill to exempt certain components of cleaning products until 2031.  The final version also clarifies that, beginning in 2028, cleaning products must comply with California Air Resources Board volatile organic compound (VOC) regulations without reliance on regulatory variances.

Governor Newsom has until October 12, 2025, to act on the bill.

California Packaging EPR Rulemaking Resumes With Key Deadlines Ahead

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On August 22, 2025, CalRecycle published proposed regulations to implement California’s SB 54, which imposes a state extended producer responsibility (EPR) program for single-use packaging and plastic food service ware.  Public comments on the proposal are due October 7, 2025, the same day CalRecycle will hold a hybrid public hearing.

The rulemaking is CalRecycle’s second attempt to implement SB 54.  In March 2025, California Governor Gavin Newsom directed CalRecycle to restart the rulemaking process, citing concerns with its costs.

What does SB 54 Require?

SB 54 is designed to shift the burden of plastic pollution from consumers to producers, which are “typically the companies that create—or package their products in—single-use packaging and single-use plastic food service ware,” according to CalRecycle.  Beginning in 2027, producers will pay fees totaling $500 million per year to offset recycling costs and environmental impacts.

By 2032, all covered materials must be recyclable or compostable, and at least 65% must actually be recycled.  SB 54 also mandates a 25% source reduction in plastic covered material compared to 2023.

Upcoming Compliance Deadlines for Producers

Producers face several near-term obligations under the program:

  • September 5, 2025: Deadline to register with California’s inaugural producer responsibility organization (PRO), Circular Action Alliance (CAA), which will oversee program administration and fee collection.
  • September 15, 2025: CAA opens its reporting portal.
  • November 15, 2025: Deadline to submit 2023 supply data through the portal.

As discussed in a previous blog post, an increasing number of states are implementing packaging EPR laws.  Our team is available to help businesses navigate this evolving regulatory landscape.

California Legislature Advances Bill to Expand PFAS Product Prohibitions

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California has taken another significant step towards restricting the use of PFAS in consumer products with the advancement of SB 682, a bill that would add several new product-category PFAS bans beginning in 2028.  SB 682 has already passed the state Senate and is pending in committee in the Assembly.

What Products Would be Affected by SB 682?

Starting in 2028, SB 682 would prohibit the sale of products with intentionally added PFAS for the following product categories:

  • Cleaning products;
  • Dental floss;
  • Juvenile products;
  • Food packaging; and
  • Ski wax.

Starting in 2030, SB 682 would also prohibit the sale of cookware containing intentionally added PFAS.  Used products are exempt from the scope of the bill.

Existing Restrictions

SB 682 would not be the first California law to address the use of PFAS in the above product categories.  Since 2023, the state has prohibited the sale of plant fiber–based food packaging containing intentionally added PFAS, and beginning in 2024, cookware manufacturers have been required to disclose PFAS use on food contact surfaces.

California also enacted a ban on intentionally added PFAS in certain juvenile products in 2023.  SB 682 would broaden that restriction, extending it to any “product designed for use by infants and children under 12 years of age,” with limited exceptions.

Looking Ahead

If enacted, SB 682 would be California’s most far-reaching PFAS law to date, and its full Democratic support among voting senators signals a strong likelihood of passage in the Assembly.  Given California’s outsized market influence, the bill could also have spillover effects beyond state borders, encouraging broader adoption of PFAS-free product formulations.