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

Sabic: Rapid demand growth led to Ultem shortage

December 18, 2014 12:06 pm ET

Sabic Innovative Plastics has been increasing production capacity for its Ultem polyetherimide but it still got caught short by increasing demand for ...    More

Image

Soy-based foam improves window performance, sustainability

December 18, 2014 12:51 pm ET

Launched in April 2013, Madison, Wis.-based WFI Global LLC is making a name in the fenestration market with what it says is a distinct product...    More

Image

Europe puts its 'Circular Economy' recycling effort on hold, for now

December 18, 2014 12:28 pm ET

The European Commission has withdrawn its Circular Economy initiative from its 2015 work program, and will instead replace it with “a new, more ...    More

McCann expanding in Ohio

December 17, 2014 11:59 am ET

Compounding firm McCann Plastics will spend $1.2 million on an expansion project that will create 15 new jobs at its plant in Green, Ohio.    More

Image

New extruders, repelletizer to improve production for InterGroup

December 17, 2014 6:00 am ET

InterGroup International Ltd. will install new, larger extruders and repelletizers at all three of its plastic scrap recycling locations in 2015.    More

Market Reports

Flexible Packaging Trends in North America

Our latest RESEARCH report examines trends in FLEXIBLE PACKAGING impacting the North American market including a review of economic conditions, key drivers of growth, materials pricing, M&A activity, sustainability challenges and the outlook for 2015.

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

Plastics in Mexico - State of the Industry Report

This report analyzes the $20 billion 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

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

October 27, 2015 - October 29, 2015Plastics Financial Summit - New York - 2015

More Events