California Prop 65 Settlement Agreement Reached for BPA in Polycarbonate Dishware

Top Quote A California Prop 65 settlement agreement relating to BPA in polycarbonate dishware was reached in February 2017. The agreement requires reformulation or the use of a Prop 65 warning. End Quote
  • (1888PressRelease) March 17, 2017 - A California Proposition 65 (Prop 65) settlement agreement has been reached concerning the reformulation of bisphenol A (BPA) in polycarbonate dishware. The agreement involves several consumer products, including polycarbonate wine glasses, which must now contain BPA to a level of less than or equal to 1000ppm. The settlement also allows for a Prop 65 warning to be used as an alternative.

    This agreement was achieved in February 2017 and it follows the relisting of BPA on the Prop 65 list of chemicals known to cause female reproductive toxicity in May 2015. The relisting of BPA placed two important requirements upon companies doing business in California:
    They had until May 11, 2016 to provide a 'clear and reasonable warning' before knowingly and intentionally exposing anyone to BPA
    They had until January 11, 2017 to prohibit the discharge of BPA into sources of drinking water

    California Proposition 65 is the "Safe Drinking Water and Toxic Enforcement Act of 1986', a unique consumer 'right-to-know' law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 800 substances and has consistently targeted consumer products containing flame retardants, lead and phthalates.

    The "Safe Drinking Water and Toxic Enforcement Act of 1986" has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning. In addition, companies must also refrain from discharging listed chemicals into sources of drinking water.

    Businesses with less than 10 employees and government agencies are exempt from these two provisions, as are businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

    Businesses not named in specific Prop 65 settlement are not legally bound by that agreement. However, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference, in order to avoid possible future litigation.

    SGS Prop 65 Services
    Prop 65 services offer your organization comprehensive testing, product assessments and consultancy services related to California Proposition 65. They can assist the risk management in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS's Prop 65 Services (

    SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Prop 65 Reformulation of BPA in Polycarbonate Dishware SafeGuardS. (

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    For further information contact:
    Hing Wo Tsang
    Global Hardlines Information and Innovation Manager
    Tel:(+852) 2774 7420
    Email: ( @ ) sgs dot com

    About SGS
    SGS is the world's leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 90,000 employees, SGS operates a network of over 2,000 offices and laboratories around the world.

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