U.S. – California Prop 65 Bisphenol A (BPA) Warning Label Requirement

Vol. 909 | 13 May 2016

On May 11, 2015, Bisphenol A (BPA¹) was identified by the California Office of Environmental Health Hazard Assessment (OEHHA) as a chemical known to cause reproductive toxicity and was added to the Proposition 65 list of chemicals.

Hence, as of May 11, 2016, in companies with 10 or more employees that manufacture, distribute or sell products that contain BPA, where the exposure to BPA exceeds the “safe harbor level,” companies must include a clear and reasonable Prop65 warning label on that product.

A 3 microgram/day² BPA limit was proposed by OEHHA as a maximum allowable dosage level (MADL) for dermal exposure from solid materials. If this limit is confirmed, any dermal exposure from solid material that exceeds this MADL will require a clear and reasonable warning. A safe harbor level for oral exposure to BPA has not been published; therefore, companies will be required to develop an oral MADL for BPA to determine if warnings are needed for their products. If a company is unable to derive an MADL for BPA exposure, the options are to remove BPA from any products or use a Prop 65 warning.

Learn more about our BPA Warning Label Requirement Services.

For questions, please contact:

Dr. Pratik Ichhaporia
Tel: +1.312.906.7720
Email: pratik.ichhaporia@intertek.com

 

¹ http://www.oehha.org/prop65/CRNR_notices/list_changes/051115listBPA.html
² http://www.oehha.ca.gov/prop65/CRNR_notices/NPR_BPA_MADL031716.html