September 20, 2021

Volume XI, Number 263

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September 20, 2021

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September 17, 2021

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California Relists BPA as a Reproductive Toxicant Under Prop 65

The California Office of Environmental Health Hazard Assessment (OEHHA) relisted bisphenol A (BPA) as a reproductive toxicant (developmental endpoint) under Proposition 65. The listing became effective December 18, 2020. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits, among other things, knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

BPA was originally listed as a reproductive toxicant (developmental endpoint) on April 11, 2013. However, it was delisted, effective April 19, 2013, based on an order issued by a California Superior Court, which granted a motion for a preliminary injunction filed by the American Chemistry Council (ACC). That court eventually denied ACC’s challenge to the listing and ACC appealed. The decision of the Superior Court, though, was stayed ending the appeal.  On October 19, 2020, the California Court of Appeal upheld the trial court’s decision. (For more background information, see the PackagingLaw.com article, BPA Listing as Reproductive Toxicant Under Prop 65 Upheld by Court.)

After the time to seek review by the California Supreme Court had passed and the Court of Appeal decision became final, OEHHA announced that it was reinstating the developmental toxicity endpoint for the listing of BPA as causing reproductive toxicity.

© 2021 Keller and Heckman LLPNational Law Review, Volume X, Number 359
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About this Author

PackagingLaw.com is the premier online resource for the global packaging industry. It provides a wide range of information on laws and regulations—both in the U.S. and other countries throughout the world—that affect packages and packaging materials. PackagingLaw.com features news articles on current issues affecting the packaging industry, in-depth features, an Ask an Attorney section, links to packaging industry and government websites, and detailed information on the U.S. Food and Drug Administration (FDA) Food Contact Notification system.

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