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Several Prop 65 settlement agreements have been reached for BPA in food contact products. The parties in these settlements agreed to reformulate Bisphenol A (BPA) or provide a Prop 65 warning as an alternative.

SAFEGUARDS | Hardgoods NO. 133/18

SafeGuardS coffee maker

California Proposition 65 (Prop 65) [1] is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by California residents in November 1986. It requires the state to publish a list of chemicals [2] that are known to cause cancer, birth defects or reproductive harm. The list was first published in 1987 and has evolved to more than 860 chemicals.

In Prop 65, one important provision for companies doing business in California is to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Once a chemical is listed, businesses have 12 months to comply with this requirement. It is important to note that the new and revised language for a clear and reasonable warning became effective in August 2018 [3].

Businesses with less than 10 employees and government agencies are exempt from the warning provision. Businesses are also exempt if the exposures create no significant risk of cancer, birth defects or other reproductive harm.

Bisphenol A (BPA, CAS 80-05-7) has been on the Prop 65 list of chemicals since May 2015, as a chemical known to cause female reproductive  toxicity [4]. Since May 2016, enforcement actions against businesses that fail to warn consumers about exposure to BPA have resulted in several settlement agreements. 

In July 2018, we reported Prop 65 settlement agreements for BPA in cell phone cases, thermal receipt paper and an amended settlement for food contact polycarbonate dishware (SGS SafeGuard 094/18 [5])

In this publication, we would like to report an extension to SGS Safeguard 94/18 on settlement agreements involving BPA in food contact products. These settlement agreements include pastry tube sets, polycarbonate coffee decanters, polycarbonate tumblers, shakers and polycarbonate ice scoops (see Table 1)

It is interesting to note that entry 3 of Table 1 on polycarbonate ice scoops allows the standard consumer product exposure warning or the short-form consumer product warning for products manufactured on or after August 30, 2018.

Standard Consumer Product Exposure Warning:

WARNING: This product can expose you to chemicals, including Bisphenol A (BPA), which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov


Short-Form Consumer Product Exposure Warning:

WARNING: Reproductive Harm – www.P65Warnings.ca.gov


Highlights of these settlement agreements for BPA are summarized in Table 1.
Entry Scope Reformulation/Warning for BPA
1 Pastry Tube Sets BPA-free otherwise warning
2 Polycarbonate Coffee Decanters BPA-free otherwise warning
3 Polycarbonate Ice Scoops Do not contain BPA otherwise warning
4 Polycarbonate tumblers BPA-free otherwise warning
5 Shakers BPA-free otherwise warning

 

A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement.

Throughout a global network of laboratories, SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 to assist your risk management in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. For further information, please visit our website.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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