In a ruling from March 9, 2023, the European Court of Justice decided that the European Chemicals Agency’s (ECHA’s) identification of bisphenol A (BPA; CAS 80-05-07) as a substance of very high concern (SVHC) due to having endocrine disrupting properties for the environment was justified. The ruling follows an appeal put forward by PlasticsEurope on March 1, 2021, to an earlier EU court decision confirming BPA as an SVHC. Thus, the trade body gets another appeal case regarding BPA’s endocrine-disrupting effects on the environment dismissed.
The EU General Court came to the same conclusion in a court ruling from December 16, 2020. This is the fourth case PlasticsEurope has lost in the European courts over the regulatory status of BPA (FPF reported, also here and here). This marks the end of a series of legal challenges for the trade association over the identification of BPA, according to a Chemical Watch report from March 9, 2023. Looking ahead, there is an ongoing public consultation for a proposed EU-wide restriction on bisphenols under REACH. The consultation is open for comments until June 22, 2023 (FPF reported).
Reference
European Court of Justice (March 9, 2023). “Judgement of the Court (Fourth Chamber): In Case C-119/21 P.”
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Chemical Watch (March 9, 2023). “PlasticsEurope loses latest appeal over BPA’s SVHC identification.”
ClientEarth (March 9, 2023). “EU Court delivers final blow to plastics industry on BPA.”
ECHA (December 21, 2023). “Submitted restrictions under consideration: Bisphenols with endocrine disrupting properties for the environment and their salts.”