California OEHHA Considers Expanding Proposition 65 Listing to All Bisphenols: What Manufacturers Need to Know in 2025

California’s Office of Environmental Health Hazard Assessment (OEHHA) is evaluating whether to list the entire class of p,p'-bisphenol chemicals as reproductive toxicants under Proposition 65. This move could dramatically affect manufacturers and distributors of consumer and industrial products that contain bisphenol compounds—extending far beyond the already-listed BPA and BPS. With bisphenols present in everything from food packaging to medical devices and vehicle components, a broader listing would raise the bar for compliance and potentially require new warning labels. OEHHA is accepting public comments through December 1, 2025.

Key Takeaways:

• Chemicals being evaluated: OEHHA’s DARTIC is reviewing all p,p'-bisphenol chemicals, not just BPA and BPS, for Proposition 65 listing as reproductive toxicants. The expanded review includes lesser-known bisphenols (AF, AP, B, Z) and their ethers and esters, used in a wide array of products.
• New compliance requirements: If additional bisphenols are listed, companies may face new requirements for Proposition 65 warnings and compliance assessments.
• Public comment period: OEHHA is seeking public input and scientific data until December 1, 2025; companies should consider submitting evidence to help shape the scope of any listing.
• Managing risk: Early supply chain review and regulatory engagement are critical for manufacturers to manage compliance risks and reduce litigation exposure.

On October 21, 2025, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced its intent to review the entire class of p,p'-bisphenol chemicals for potential listing as reproductive toxicants under Proposition 65. This initiative could have significant implications for companies manufacturing or distributing consumer and industrial products containing bisphenol compounds.

The review will be conducted by OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC). DARTIC’s assessment will extend beyond bisphenol A (BPA) and bisphenol S (BPS), which are already listed as reproductive toxicants under Proposition 65, to encompass other structurally similar chemicals such as bisphenol AF, AP, B, and Z, as well as ethers and esters of p,p'-bisphenols. These chemicals are prevalent in a wide range of products, including food packaging, medical devices, building materials, hard composites used in vehicles, household appliances, and other plastic and resin products.

Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act, requires businesses to provide warnings before exposing individuals in California to chemicals known to cause cancer, birth defects, or reproductive harm. The potential listing of the broader class of p,p'-bisphenol chemicals as reproductive toxicants could present a significant compliance challenge for companies, particularly those that have previously substituted BPA or BPS with other bisphenol compounds in an effort to maintain compliance. If additional p,p'-bisphenols are listed, products containing these chemicals may require Proposition 65 warnings if exposure exceeds regulatory thresholds or if risk assessments cannot demonstrate compliance.

OEHHA has requested public comment and supporting scientific evidence regarding the reproductive toxicity of p,p'-bisphenols, including animal and epidemiological studies, mechanistic data, and other relevant research. The public comment period closes on December 1, 2025. Companies and trade groups are encouraged to review their supply chains for the presence of any p,p'-bisphenol chemicals and to consider submitting comments to OEHHA, particularly where evidence suggests certain bisphenols do not pose reproductive risks to humans. Such engagement may help narrow the scope of any future listing and mitigate compliance risks.

Companies that use p,p'-bisphenols should also begin assessing their product portfolios and supply chains. Early engagement in the regulatory process and strategic supply chain review will be critical to managing potential Proposition 65 obligations and minimizing litigation exposure.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Eric Rothenberg, an O'Melveny of counsel licensed to practice law in New York and Missouri; and Chris Bowman, an O’Melveny counsel licensed to practice law in California, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

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