Bryan Cave attorney Merrit Jones recently published two client alerts regarding California’s Prop 65 that impact the food and agriculture industries.

The first alert relates to the bisphenol-A (BPA) listing that took effect on May 11, 2016.  Already, two notices of violation have been served alleging harmful exposure to the chemical without providing a warning. One notice alleges BPA in receipt paper, and another alleges BPA in plastic water cooler jugs.  BPA is believed to be present in a wide variety of plastic consumer products, including many reusable food and drink containers, as well as in the epoxy lining in most canned food and beverage containers.  OEHHA has adopted an emergency regulation authorizing temporary point-of-sale warnings for exposure to BPA from canned and bottled food and beverages. That regulation is expected to remain in effect for more than a year in order to allow manufacturers time to implement alternatives