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BPA Maximum Acceptable Dose Level Is Finalized – But Not Quite In Time For New BPA Claims

On June 13, 2016, the California Office of Administrative Law approved the Proposition 65 Maximum Acceptable Dose Level (MADL) for bisphenol A (BPA) of 3 micrograms per day via dermal absorption from solid materials, proposed by the California Office of Environmental Health Hazard Assessment on March 17, 2016.  The MADL becomes legally effective on October 1, 2016. OEHHA has not yet proposed a MADL for BPA oral exposure; that regulatory exercise likely is months away, if not longer.

In the meantime, the Center for Environmental Health has served a Proposition 65 Notice of Violation on Del Taco Restaurants, Inc., Del Taco LLC and Grewal Superfoods Inc., alleging consumer exposures to BPA in thermal receipt paper. Interestingly, the Notice of Violation references a receipt obtained on May 11, 2016, the very same day that BPA’s listing as a Proposition 65 reproductive toxicant became effective. This may be the beginning of a significant new wave of Proposition 65 enforcement activity involving this chemical.

Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.