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ARTICLE · 22 MARCH 2016

Deadline Approaching For Prop 65 Compliance For Bisphenol A

While there are multiple methods of complying with the Prop 65 warning requirements for BPA, implementing these compliance methods can be time-consuming and expensive.

United StatesConsumer Protection

Effective May 11, 2016, manufacturers that make products containing Bisphenol A ("BPA") will be required to comply with California's Safe Drinking Water and Toxic Enforcement Act of 1986, also known as "Prop 65." More specifically, manufacturers, distributors, and retailers of such products must ensure that by no later than May 11, 2016, consumers are provided a "clear and reasonable warning" regarding the hazards associated with BPA.

This compliance deadline was established in May 2015, when the California Office of Environmental Health Hazard Assessment ("OEHHA") added BPA to its list of chemicals known to the State of California to cause reproductive toxicity following the conclusion of a lawsuit challenging its prior listing of BPA in April 2013.This May 2015 listing triggered a requirement that all products containing BPA be accompanied by a "clear and reasonable warning" regarding BPA's hazards, which requirement takes effect one year after the OEHHA listing

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