Effective May 11, 2015, California’s Office of Environmental Health Hazard Assessment has put bisphenol A, or BPA, back on the Proposition 65 list. This most recent listing is through the “state’s qualified expert” listing mechanism, as the OEHHA Developmental and Reproductive Toxicant Identification Committee concluded that scientifically valid testing according to generally accepted principles clearly show that BPA causes reproductive toxicity, based on the female reproductive endpoint. The Committee looked at a litany of hazard identification materials, as well as public comments, in reaching this conclusion.

BPA first made the Prop 65 list in April 2013 through the “authoritative bodies” listing mechanism, as a National Toxicology Program Center for the Evaluation of Risks to Human Reproduction report concluded that BPA causes reproductive toxicity at high doses. However, OEHHA delisted BPA a few days later due to a legal challenge to the conclusions OEHHA drew from the NTP report.

It is unclear whether BPA’s listing anniversary date will result in a surge in new Prop 65 notices, as BPA has been on chemical hit lists for many years. However, as next May approaches, manufacturers should review their inventories to determine whether they continue to use BPA in any products, and retailers may want to start working with their vendors to assess potential risks.