American Chemistry Council Sues to Stop OEHHA from Adding BPA to Prop 65 LIst

The L.A. Times reports that the American Chemistry Council (ACC) has filed suit to halt the addition of Bisphenol-A (BPA) to the Prop 65 chemical list.  ACC filed suit in Sacramento against the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA)--the state agency responsible for implementing Proposition 65 and designating chemicals as known to the State of California to cause cancer or reproductive harm--to prevent a health hazard warning requirement from being imposed on the use of BPA in consumer products.  BPA is a chemical used in the lining of food cans and in reusable plastic water bottles, toys and containers.  ACC alleges that OEHHA’s proposed listing of BPA conflicts with the reasoned judgment of scientific experts.  Allan Hirsch, chief deputy director of the EPA's Office of Environmental Health Hazard Assessment, said that a 2008 report of national scientific experts found "clear evidence that BPA causes developmental toxicity in laboratory animals," according to the Times.

The Chanler Group represents citizen enforcers who, acting in the public interest,  enforce each citizen’s right to know when they are exposed to toxic chemicals found in consumer products sold in California and who hold companies accountable for unwarned exposures through imposition of civil penalties and injunctive relief, often requiring the removal of the offensive chemicals. Clients of The Chanler Group have issued dozens of Proposition 65 notices to manufacturers and retailers regarding the presence of toxic chemicals in their products that are sold in California without a warning.