BPA (Bisphenol-A) was added to the California Prop 65 list of substances. It is commonly used as an ingredient in the manufacture of polycarbonate plastic. If there are any residual unreacted quantities of BPA left in a plastic that could be an exposure risk to users, the Prop 65 warning requirement may apply.

The American Chemistry Council (ACC) has been fighting the listing of Bisphenol A (BPA) as a Proposition 65 reproductive toxicant since the California OEHHA (Office of Environmental Health Hazard Assessment)  first listed the substance in 2013 using a back-door mechanism. However, ACC received a setback in late December when a Sacramento Superior Court Judge ruled that OEHHA did not abuse its discretion when it listed BPA. The judge rejected the lawsuit brought on by the ACC to reverse the listing of BPA.

The state’s Developmental and Reproductive Toxicant Identification Committee (DART-IC) had declined to list BPA in July 2009 after reviewing relevant scientific literature. OEHHA subsequently listed BPA anyway using the authoritative body listing mechanism. It was this alternative listing mechanism that the ACC was challenging.