In a judgement published on September 20, 2019, the General Court of the European Union has dismissed the case brought by industry association Plastics Europe against the European Chemicals Agency (ECHA) regarding the classification of bisphenol A (BPA; CAS 80-05-7) as a substance of very high concern (SVHC) based on its endocrine disrupting properties. This ruling upholds ECHA’s current classification of BPA as an endocrine disruptor and is the outcome of a second case brought by Plastics Europe regarding BPA. The first case was in July 2019 in which the court confirmed BPA as a substance of very high concern (SVHC) due to its reproductive toxicity and ruled that the use of BPA as an intermediate does not concern the intrinsic properties of the substance that led to its classification (FPF reported). Experts are viewing this court outcome as significant since it may pave they way for the classification of further SVHCs due to endocrine disrupting properties under REACH Article 57(f).

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Générations Futures (September 20, 2019). “La justice européenne confirme la classification du bisphénol A comme perturbateur endocrinien.” (in French)

Clelia Oziel (September 24, 2019). “EU court rejects second case against BPA SVHC identification.” Chemical Watch

Reference

General Court of the European Union (September 20, 2019). “Judgement of the General Court (Fifth Chamber): In Case T-636/17.

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