On December 18, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) released a statement in which it announced the re-addition of the developmental endpoint to the existing reproductive toxicity listing of bisphenol A (BPA; CAS 80-05-7) under the state’s Proposition 65 legislation.
This action marks the settlement of an almost eight-year-long legal dispute between the American Chemistry Council (ACC) and the OEHHA on whether the listing for the developmental endpoint under the Proposition 65 legislation is legal or not. In October 2020, the Court of Appeal rejected the ACC’s challenge (FPF reported), leaving open the possibility of seeking out a case review by the Supreme Court. Nevertheless, the ACC did not challenge the final decision of the Court of Appeal, and therefore the OEHHA has reinstated the developmental toxicity endpoint to the listing of BPA.
According to the OEHHA, a complete, updated chemical list will be published in an upcoming issue of the California Regulatory Notice Register, and the update is already visible on the OEHHA’s website.
California Environmental Protection Agency (December 18, 2020). “Developmental toxicity endpoint reinstated for the listing of bisphenol-a (bpa) as known to the state of California to cause reproductive toxicity.” (pdf)
OEHHA (December 18, 2020). “Notice to Interested Parties Developmental Toxicity Endpoint Reinstated for the Listing of Bisphenol A (BPA) as Known to the State of California to Cause Reproductive Toxicity.”
Chemical Watch (December 23, 2020). “California adds developmental toxicity to BPA Prop 65 listing.”
Keller and Heckman LLP (December 24, 2020). “California Relists BPA as a Reproductive Toxicant Under Prop 65.”
OEHHA (January 25, 2013). “Notice of Intent to List: Bisphenol-A.”