California Proposition 65
July 15, 2025 | Written by GreenSoft Technology, Inc.
BPS in Receipts Triggers New Round of California Prop 65 Enforcement Actions
Hundreds of Retailers Notified Under California Prop 65 for Bisphenol‑S in Thermal Paper Receipts
So far this year, hundreds of Notice of Violations (NOVs) have been filed under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) regulation.
The NOVs claim that thermal receipts issued by the notified retailers contain Bisphenol‑S (BPS), and that retailers failed to provide required CA Prop 65 warnings prior to exposure. BPS was added to the California Proposition 65 substances list in December 2023.
While these enforcement actions don’t directly impact producers of electrical or electronic equipment (EEE), the breadth of this activity serves as a clear reminder of the significant risks companies face if they fail to evaluate their products and packaging for potential exposure to any of the 900+ substances listed under Proposition 65.
The retailers served with notices in this batch of filings include:
- Supermarkets and convenience stores: Albertsons, Ralphs, Circle K Stores, Walgreens
- Clothing retailers: Macys, Reebok, Adidas, Tommy Bahama, Abercrombie & Fitch, Sketchers
- Fast-casual restaurants: Pickup Stix, Blaze Pizza, Pinkberry, Jamba Juice, Smashburger
- Government bodies: The City of San Diego
The California Attorney General website provides a searchable database of filed NOVs here.
Private Enforcement and the High Cost of Non-Compliance
Under CA Prop 65, enforcement actions may be filed by the California Attorney General, by any local district or city attorney, or by “any individual acting in the public interest.” This means that private law firms, or ‘bounty-hunter lawyers,’ may file NOVs on behalf of the California public. Of the 166 NOVs pertaining to BPS in receipts filed this year, 159 of them have been filed by a single law firm. (Learn more about how Proposition 65 is enforced in our video.)
Per CA Prop 65, affected companies are required to inform Californians about exposure to substances on the Prop 65 list of chemicals before the potential exposure takes place. Penalties for being found in violation of CA Prop 65 can be as high as $2,500 per violation, per day.
Types of exposure include chemicals in products or packaging, workplace exposure, transportation or handling exposure, rental tenants exposed in an apartment complex, or general public exposure due to business activity. (Learn more about the types of exposure in our video.)
Since BPS is one of the substances included on the California Proposition 65 substances list, then based on the NOVs, each individual receipt found to contain BPS issued to a member of the public in California could be considered a separate violation. The implications of these NOVs could result in hundreds of millions of dollars in fines for each retailer implicated.
Stay Ahead of California Prop 65 Enforcement with GreenSoft’s Data Services
While these actions target retailers, electronics manufacturers should take note of the seriousness of Proposition 65 enforcement. The scale and frequency of violations show how aggressively the law is applied, and how costly non-compliance can become. Electronics manufacturers should remain vigilant about the materials used in their products, packaging, and processes, and take proactive steps to ensure compliance
GreenSoft Technology can help with this process. Our Prop 65 Data Services help companies efficiently collect, validate, and manage compliance data, ensuring that your products meet regulatory requirements so you can avoid costly penalties.
GreenSoft provides comprehensive supplier outreach to obtain chemical data, along with data validation services to ensure accuracy and completeness. When compliance risks are identified, we assist in finding replacement suppliers or alternative materials. We also offer ongoing regulation monitoring to help companies stay current with regulatory updates and changes.
By partnering with GreenSoft, companies eliminate uncertainty in their Proposition 65 compliance efforts and gain confidence in their supply chain data. Contact us today to learn how we can support your compliance needs.