With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on Dec. 30, 2017.

Background -

BPA is a chemical that has historically been used, among other applications, in the linings of food and beverage containers. On May 11, 2015, after numerous legal challenges were defeated by the state, BPA was added to California’s Proposition 65 list of chemicals known to the state to cause reproductive toxicity. Under the statute, the warning requirement was set to take effect one year later, in May 2016.

Originally published in Law360 on November 27, 2017.