Local businesses hit with fines over inks on paper receipts

POINT LOMA Jensen s Foods in Point Loma is among nearly state businesses facing stiff fines for alleged violations of Proposition Prop requires businesses to warn patrons about harmful chemicals contained in their receipt paper The harmful chemical in question is BPS which has been described as being almost like invisible ink in that it makes words appear on thermal receipt paper Phenol is a basic chemical compound while BPS or Bisphenol S is a related chemical compound that is often used as a substitute for BPA in products like paper receipts However BPS is itself a phenol compound so the term phenol-free is used to indicate products that do not contain either BPA or BPS The legal issue involved is that receipt paper containing the chemical which has been linked to cancer birth defects and reproductive issues in both genders can run off onto the hands of people exposed to it The growing list of local businesses being cited for alleged violation of Prop includes well-known franchises like Fillippi s Pizza Swami s and Better Buzz as well as high-profile chains like Ralphs and In-N-Out Burger California is the only state that has BPS on the banned list noted Jensen s owner Adam Zack Our receipt paper boxes say BPS free Zack explained Jensen s received a letter back in May about a notice of violation for Prop signed by attorney Noam Glick of San Diego s Entorno Law LLP on behalf of Environmental Wellbeing Advocates The letter alleges Jensen s receipts contained BPS The sales of this product have been occurring since at least February are continuing to this day and will continue to occur as long as the product is sold to and used by consumers the letter revealed in part Prop requires that a clear and reasonable warning is provided with these products regarding the exposures to BPS caused by ordinary use of the product as a development of the sales of this product exposures to BPS have been occurring without proper warning State law requires stores to warn customers before they can be exposed to more than toxic chemicals a list that includes a multitude of household products including dyes Businesses violating the law face up to in fines per day One business affected reportedly paid to settle their alleged Prop violations out of court The state also allows private parties to enforce Prop through civil lawsuits Noting it s becoming more tough all the time doing business in California because of all the ruling body regulations Zack disclosed he never imagined being threatened with a lawsuit over receipt paper He vowed to contest the alleged violation saying he felt compelled to warn other business owners of the Prop lawsuit threat We feel strong about taking a stand he announced We re not in the wrong and we don t want to settle Our boxes say BPS-free So we feel we comply