ACC files suit on BPA listing

By CMTA Staff

Capitol Update, March 14, 2013 Share this on FacebookTweet thisEmail this to a friend

On March 1, the American Chemistry Council (ACC) filed a lawsuit on behalf of the Polycarbonate/BPA Global Group challenging the state’s proposal to list Bisphenol A (BPA) under Proposition 65. On January 25, 2013, the California Environmental Protection Agency’s (CalEPA’s) Office of Environmental Health Hazard Assessment (OEHHA) published a “notice of Intent” to add BPA to California’s Proposition 65 list. 

Under Prop 65, the Governor of California must issue an annual list of substances “known to the State” to cause cancer, birth defects or reproductive harm. Currently there are almost 900 substances on this list. Prop 65 requires anyone doing business in California to label a product if the product contains a listed substance at a level above the established safe harbor for that substance.

Prop 65 provides specific scientific criteria to determine if a chemical should be listed. In 2009, a committee of scientific experts who are appointed by the Governor and are known as the Developmental and Reproductive Toxicant Identification Committee (DART-IC) reviewed the scientific evidence on BPA, and the National Toxicology Program’s Center for Evaluation of Risks to Human Reproduction report that OEHHA asserts justifies listing. Based on that review, the DART-IC unanimously voted that BPA does not meet the requirements for listing. The ACC suit cites this finding in its challenge.

OEHHA will continue to accept public comment on the listing of BPA until March 27th.

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