Local businesses hit with fines over inks on paper receipts

POINT LOMA – Jensen’s Foods in Point Loma is among nearly 900 state businesses facing stiff fines for alleged violations of Proposition 65.

Prop 65 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 65 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,” said Jensen’s owner Adam Zack. “Our receipt paper boxes say BPS free.”

Zack said Jensen’s received a letter back in May about a notice of violation for Prop 65, signed by attorney Noam Glick of San Diego’s Entorno Law LLP, on behalf of Environmental Health Advocates. The letter alleges Jensen’s receipts contained BPS.

“The sales of this product have been occurring since at least February 2025, are continuing to this day, and will continue to occur as long as the product is sold to and used by consumers,” the letter said, in part. “Prop. 65 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 result 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 900 toxic chemicals, a list that includes many household products, including dyes. Businesses violating the law face up to $2,500 in fines per day. One business affected reportedly paid $18,000 to settle their alleged Prop. 65 violations out of court.

The state also allows private parties to enforce Prop. 65 through civil lawsuits.

Noting it’s becoming “more difficult” all the time doing business in California because of all the government regulations, Zack said 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. 65 lawsuit threat.

“We feel strong about taking a stand,” he said. “We’re not in the wrong, and we don’t want to settle. Our boxes say BPS-free. So we feel we comply.”