California court grants injunction taking BPA off harmful chem list

19 April 2013 23:35  [Source: ICIS news]

HOUSTON (ICIS)--A California court has granted a preliminary injunction that has taken bisphenol A (BPA) off the state's list of harmful chemicals, the American Chemistry Council (ACC) said on Friday.

Earlier this month, the state's environmental regulator, the Office of Environmental Health Hazard Assessment (OEHHA), listed BPA as a chemical that can cause reproductive toxicity. BPA was listed under the state's Proposition 65.

The ACC sued the state in Sacramento County Superior Court, arguing that BPA should be excluded from the list.

A listing under Proposition 65 is not a determination about the safety of a substance, the ACC said.

The OEHHA itself says that a listing under Proposition 65 does not mean that a chemical violates any safety standards or requirements, nor does it ban or restrict the use of a chemical.

However, the ACC alleged that the inclusion of BPA in the list would create confusion in the market, causing what it regards as a safe chemical from being removed from products.

That, in turn, would rob products of important performance characteristics, the ACC said.

It requested a preliminary injunction, which would prevent the state from including BPA on the list until the lawsuit can be heard on its merits. The ACC expects that to occur this summer.

The OEHHA will comply with the ruling and it will post a notice by the end of the day saying that BPA is delisted, said Sam Delson, spokesman.

However, "we note that it is a preliminary order. It does not decide the merits of the full case", he said.

BPA is a feedstock for polycarbonate (PC).

By: Al Greenwood
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