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Litigation

: CalBizLit

Prop 65 DART Committee: No Listing of Bisphenol A (At Least For Now)

By Bruce Nye

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    CalBizLit has just returned from ten days' vacation, and is more than a little bit behind on just about everything, including blog posts. However, we left one shoe waiting to drop just before departing:  whether or not Bisphenol A, a chemical commonly used to harden Oehha plastic, would be listed as a reproductive / developmental toxicant under Proposition 65.  Such a listing would probably result in a gradual end to the use of this ubiquitous chemical in California, since the market for food containers labeled as reproductive toxins is a rather limited one.

    As CBL reported here, the Proposition 65 DART Committee had a meeting scheduled to address this subject on July 15.  With the prescience that marks this blog, CBL predicted that the Committee would list the chemical. 

    Well, wrong.  As reported here by OEHHA, "based upon current scientific information, bisphenol A has not been clearly shown to cause reproductive toxicity; and therefore the Committee declined to add it to the Proposition 65 chemical list."  But in a classic case of it ain't being over 'til it's over, the committee:

requested that OEHHA further evaluate the following concerning bisphenol A for discussion at future meetings of the Committee:
  • Possible increased susceptibility for developmental toxicity from bisphenol A in subpopulations, for example in those with poor nutritional status for certain nutrients such as folic acid
  • Evidence that bisphenol A exposures in utero or pre-conception may lead to precancerous lesions and eventually cancers (e.g., breast and prostate)
  • Evidence for bisphenol A-induced developmental- or reproductive-related neurobehavioral effects, as these endpoints are further studied
  •  Evidence for effects on the immune system resulting from bisphenol A exposures during early development, as new information becomes available
  • Evidence of bisphenol A-induced developmental and reproductive effects from epidemiologic studies as new information becomes available.

    Given the infrequency of committee meetings and the rate at which the committee adds chemicals to the list, don't look for action on this any time soon.  OEHHA's summary of the meeting and the documents and presentations considered are here.  For those who have trouble sleeping at night, OEHHA promises an MP3 of the entire hearing coming soon.


Full post as published by CalBizLit on July 28, 2009 (boomark / email).

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