Judge removes BPA from California's Prop 65 list

By Gayle S. Putrich
Staff Reporter

Published: April 19, 2013 5:17 pm ET
Updated: April 19, 2013 5:20 pm ET

Related to this story

Topics Sustainability, Materials, Materials Suppliers, Legal, Government & Legislation

WASHINGTON — Bisphenol A has been removed from California's list of harmful chemicals, at least for the time being.

A California judge granted a preliminary injunction Friday in the American Chemistry Council's case against a division of the state's Environmental Protection Agency.

The Office of Environmental Health Hazard Assessment had quietly announced its decision to include the controversial polycarbonate component on the so-called Proposition 65 list on April 11. But ACC asked the courts to freeze the listing until after a decision in its pending lawsuit, filed against OEHHA in Sacramento County Superior Court on March 15.

"We do not believe there is a scientific basis for including BPA on the Proposition 65 list and we look forward to our case being heard on the merits sometime this summer," said Steve Hentges, executive director of ACC's polycarbonate and BPA global group, after the injunction was issued.

The removal of BPA from the list is effective immediately, OEHHA spokesman Sam Delson said Friday afternoon.

Delson also said OEHHA is withdrawing its proposal for setting "safe harbor levels" for BPA. That effort would have determined if products must carry a label warning consumers that a product could expose them to more than the maximum allowable dose level (MADL). Should BPA end up back on the list of possible carcinogens and reproductive toxicants, labeling requirements would go into effect one year after listing.

California's Proposition 65, approved by voters there in 1986, requires businesses to notify citizens when significant amount of chemicals are present in products, workplaces, public spaces or released into the environment. OEHHA administers the Prop 65 program, including managing the list of potentially harmful chemicals.

In July 2009, OEHHA's Developmental and Reproductive Toxicant Identification Committee (DART-IC) voted unanimously that BPA did not belong on the Prop 65 list, based largely on the findings from a 2008 report by the National Toxicology Program.

ACC's lawsuit says the new attempt to get BPA on the Prop 65 list — using a different mechanism but the same scientific studies — amounts to circumventing the state's scientific process by allowing administrative staff to override the scientific panel's 2009 decision.

A major concern for ACC, and the plastics industry overall, is that listing BPA, a key component of polycarbonate and certain epoxy resins, could result in preemptive deselection by manufacturers and consumers avoiding a large number of plastic products without a full understanding of the amount of BPA they are being exposed to or the potential effects of the chemical.


Comments

Judge removes BPA from California's Prop 65 list

By Gayle S. Putrich
Staff Reporter

Published: April 19, 2013 5:17 pm ET
Updated: April 19, 2013 5:20 pm ET

Post Your Comments


Back to story


More stories

Image

Report: Brands are falling short on packaging sustainability

January 29, 2015 5:19 pm ET

Packaging in general, and plastic packaging in particular, has a long way to go in terms of recycling, according to a pair of environmental groups.    More

Image

2014 sees modest sales increase, but profit decrease, for Dow Chemical

January 29, 2015 4:20 pm ET

Dow Chemical Co. delivered modest sales growth in 2014, but the firm's profit took a tumble.    More

Image

Resin prices continuing to tumble

January 29, 2015 2:24 pm ET

The ongoing slide in crude oil prices is taking commodity resin prices down as well.    More

Image

Materials firms look for stock rebound

January 29, 2015 1:52 pm ET

DuPont Co., A. Schulman Inc. and Rogers Corp. thrived amid the stock market chaos of 2014, but the other 12 publicly held materials firms tracked by...    More

Image

Chemtrusion, Mytex Indiana compounding plant set for expansion

January 29, 2015 1:35 pm ET

Japanese and American partners in a compounding plant in Indiana plan to expand the facility.    More

Market Reports

Plastics in Automotive: Innovation & Emerging Trends

This special report newly released by PN and sponsored by The Conair Group examines current trends in the use of plastics in automotive, materials innovations and the changing landscape. It includes a review of legislative/regulatory activity impacting vehicle development and lightweighting, market opportunities & challenges for mold and toolmakers, innovative design strategies being implemented by major OEMs and suppliers, as well as a review of key indicators in Canada, Mexico, Brazil and China.

Learn more

Plastics Recycling Trends in North America

This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.

Learn more

Injection Molding Market Analysis & Processor Rankings

Plastics News BUNDLED package contains our in-depth Market Analysis of the Injection Molding segment. You will gain keen insight on current trends and our economic outlook.

As a BONUS this includes PN's updated 2014 database of North American Injection Molders RANKED by sales volume. Sort, merge, mail & prospect by end market, materials processed, region, # of plants and more.

Learn more

Upcoming Plastics News Events

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015

September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015

More Events