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The Court of Justice of the European Union (CJEU) has confirmed on appeal the identification of bisphenol A (BPA) as a substance of very high concern(1) for its endocrine disrupting properties for human health.
It has indeed rejected the appeal of the European Plastics Manufacturers’ Association, PlasticsEurope against the judgment of the General Court of the European Union of 20 September 2019, PlasticsEurope/ECHA (T-636/17) in a judgment of 21 December 2021. The European Chemicals Agency (ECHA) had included BPA on the list of candidate substances for authorisation due to its endocrine disrupting properties and potential serious health effects, which the judgment confirms.
As a reminder, PlasticsEurope brought three cases before the European Court of Justice concerning the three hazardous properties of bisphenol A: reproductive toxicity (case T-185/17), endocrine disruptor for human health (case C-876/19 P), and endocrine disruptor for the environment. The first two cases have now been closed with the appeal confirming the correctness of the ECHA decisions. The third is still pending.
(1) Substance of Very High Concern (SVHC) as defined in Regulation 1907/2006 (REACH)