On October 19, 2020, the court of appeal for the US state of California published its final opinion upholding the recognition of the substance bisphenol A (BPA; CAS 80-05-7) as a reproductive toxicant and subject to regulatory requirements under California’s Proposition 65. The court case was originally brought by the American Chemistry Council (ACC) requesting that the state’s listing be blocked. The industry association had challenged the mechanism the state used to identify the substance as toxic to reproduction, which in this occurrence was reliant on information from an external “authoritative body”. The appeals court, however, has supported the California Office of Environmental Health Hazard Assessment (OEHHA) in the mechanism it used to list the substance. The ACC maintains that the listing was not made according to sufficient evidence from an authoritative body, and it is now looking into its legal options regarding the case.


Third District Court of Appeal (October 19, 2020). “Opinion C079078: American Chemistry Council v. Office of Environmental Health Hazard Assessment et al.” (pdf)

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Terry Hyland (October 22, 2020). “California appeals court upholds Prop 65 listing for BPA.” Chemical Watch

OEHHA (May 11, 2015). “Bisphenol-A Listed as Known to the State of California to Cause Reproductive Toxicity.”