California recently passed a new bill that prohibits manufacturing or selling any drinkware and teething or sucking products intended for children up to the age of 12 that contain all forms of the chemical bisphenol. The law goes into effect Jan. 1, 2026.

The bill, SB 1266, expands on prior bisphenol legislation.

  • Previous laws only targeted drinkware and teething products intended for children up to three years of age; this new bill extends the scope of age to include juveniles up to 12 years.
  • Only bisphenol A (BPA) was prohibited from use in children’s drinkware, but the new law expands that ban to all forms of bisphenol.
  • Drinkware that’s intended for use by the general population is excluded.


Because the age range has been raised, the scope of products that must be bisphenol free has also widened.

“In addition to classic children’s drinkware like sippy cups and glass decorated with animals, the new regulation could apply to any tumbler or bottle decorated with an action figure or other juvenile artwork that would not appeal to older children or is marketed for children,” says Rick Brenner, MAS+, president of business services member Product Safety Advisors and a co-chair of PPAI’s 2024 Product Responsibility Summit.

A penalty of no more than $5,000 fine will applied to the first offense, and a fine of no more than $10,000 will be charged for each subsequent violation.

Background On California’s Bisphenol Legislation

In 2011, California amended AB 1319 to enact the Toxin-Free Infants and Toddlers Act, which took effect July 1, 2013. This bill prohibited the “manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, at a detectable level above 0.1 parts per billion (ppb), if the bottle or cup designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by children three years of age or younger.

AB 1319 also required manufacturers to replace BPA with the least toxic alternative, and not replace it with a known human carcinogen, a chemical that’s likely carcinogenic or “with reproductive toxicants that cause birth defects, reproductive harm or developmental harm.”

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Suppliers should work with their testing labs to update their test protocols to be aware of any drinkware containing Bisphenol and be wary of any product a distributor might select for children 12 and under.”

Rick Brenner, MAS+

President, Product Safety Advisors

Promo Perspective

The promotional products industry brought in over $26 billion in 2023, according to PPAI research. Bested only by apparel, drinkware was the second most commonly sold product, accounting for about 10.3% of total revenue and garnering billions of dollars in sales. 

Here’s how promo companies can prepare for the upcoming legislation:

“In the year before the new law takes effect, suppliers should work with their testing labs to update their test protocols to be aware of any drinkware containing Bisphenol and be wary of any product a distributor might select for children 12 and under,” Brenner advises.