On December 5, 2014, the American Chemistry Council (ACC) — and the business community — suffered a loss in a lawsuit brought against the California Office of Environmental Health Hazard Assessment over the Proposition 65 listing of bisphenol A (BPA). In a twenty-page ruling, Sacramento County Superior Court Judge Timothy Frawley concluded that OEHHA did not abuse its discretion when in 2013 it proposed to list the chemical as a reproductive toxicant under the Proposition 65 authoritative bodies mechanism. Judge Frawley entered judgment denying ACC any relief.
The December 2014 ruling followed ACC’s April 2013 interim victory in the lawsuit when a different judge in the case issued a preliminary injunction prohibiting OEHHA from listing BPA. The December 2014 ruling maintains that preliminary injunction in place until the expiration for the time to file a notice of appeal, at which time ACC, if it chooses to appeal the ruling, may ask the court of appeals to impose a stay of the listing.