Since the Prop. 65 warning requirement for bisphenol-A (BPA) took effect on May 11, 2016, two 60-day notices have been served alleging harmful exposure to the chemical without providing a warning. Those notices, both served by the Center for Environmental Health (CEH) on June 27, 2016, allege the presence of BPA in receipt paper and polycarbonate plastic water containers used for water coolers.
The receipt paper notices were served against Del Taco and Grewal Superfoods Inc., and the water jug notice was served against Home Depot and DS Services of America, Inc.
BPA is listed under Prop. 65 as a chemical known to cause harm to the female reproductive system. OEHHA recently adopted a safe harbor exposure level for BPA, for dermal exposure from solid materials, of 3 micrograms per day. Exposure below this level does not require a warning. The safe harbor level would apply to BPA in receipt paper. It would not necessarily apply to exposure through ingestion of any BPA that may leach into water, food or beverages.
OEHHA has adopted an emergency regulation authorizing temporary point-of-sale warnings for exposure to BPA from canned and bottled food and beverages, since BPA is widely used in the epoxy linings of such products. That regulation is expected to remain in effect for more than a year in order to allow manufacturers time to find and implement alternatives to BPA.