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

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

Akro-Plastic buying German subsidiary from Metabolix

October 24, 2014 3:32 pm ET

Akro-Plastic GmbH, a Niederzissen, Germany-based plastic compounder, has purchased the assets of Metabolix Inc.'s subsidiary in Germany.    More

Image

German export sales strong, push for energy savings continues

October 24, 2014 12:34 pm ET

Germany is the engine that drives the European economy — and when it comes to the plastics industry, German machinery is a potent force, an...    More

Image

BASF pre-tax earnings rise, but will miss financial targets for 2015

October 24, 2014 10:16 am ET

BASF SE has raised its expectations for pre-tax earnings in 2014 but warned that it would not hit its financial targets for next year.    More

Image

Sabic, Shell cancel expansion for SADAF joint venture in Saudi Arabia

October 24, 2014 9:19 am ET

Saudi Basic Industries Corp. and Royal Dutch Shell have cancelled plans to expand an existing petrochemical joint venture in Saudi Arabia following...    More

Image

Sadara CEO says Middle East now has 20 percent of global ethylene capacity

October 24, 2014 9:33 am ET

Sadara CEO Ziad Al-Labban claims that the Middle East's ethylene capacity is now 20 percent of global production.    More

Market Reports

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

Plastics in Mexico - State of the Industry Report

This report analyzes the $20 million dollar plastics industry in Mexico including sales of machinery & equipment, resins and finished products.

Our analysts provide insight on business trends, foreign investment, top end markets and plastics processing activity. The report also provides important data on exports, production, employment and value of plastics products manufactured.

Learn more

Plastics Caps & Closures Market Report

The annual recap of top trends and future outlook for the plastics caps & closures market features interviews with industry thought leaders and Bill Wood’s economic forecast of trends in growing end markets. You will also gain insight on trends in caps design, materials, machinery, molds & tooling and reviews of mergers & acquisitions.

Learn more

Upcoming Plastics News Events

January 14, 2015 - January 14, 2015Plastics in Automotive

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