Anthony Ferreiro, a prolific Proposition 65 citizen enforcer is the first to settle an enforcement action that alleges exposure to Bisphenol A (BPA).
After much apprehension and speculation, Ferreiro reached two out of Court settlements with makers of polycarbonate cocktail and wine glasses. The settling parties, Barmans Ltd. and True Fabrications, Inc. paid $7,500 and $10,000 respectively.
Both companies agreed to reformulate their products to 1,000 parts per million (ppm) with an option to provide Proposition 65 compliant warnings.
Both settlements apply to polycarbonate glassware and call out a special test method for the reformulation standard (ATS 367 Rev 0). The settlements both provide the option of providing warnings with the standard Proposition 65 warning for reproductive toxins.
The ATS specification is specific to the Atlanta-based Applied Technical Services Laboratory, which says on its website that it can detect BPA by LC/MS/MS at a quantitation level of ten parts per trillion. This is not a misprint, by the way...it is parts per trillion!
These two settlements should not be considered indicative of what to expect in the future as Ferriero is a fairly new citizen enforcer whose law firm is also fairly new to Proposition 65 practice.
The Center for Environmental Health (CEH) has filed a pair of complaints alleging exposure to BPA from polycarbonate water bottles and thermal register receipts that are still pending.
It's more likely that a real litigation pattern will emerge after the BPA Emergency Regulation expires at the end of this year. Until then you can expect more speculation.
The Seattle-based True Fabrications, Inc. was represented by its General Counsel Vicky Bajwa.
Barmans, Ltd. was represented by Director Paul Lochhead.
Anthony Ferreiro was represented by Evan Smith of Brodsky & Smith LLC