Brewers Association Protection Against California Proposition 65 BPA Lawsuits

If you sell or plan to sell packaged beer in California as a member of the Brewers Association please know we are providing a defense against Proposition 65 BPA lawsuits.

The voters of California passed Proposition 65 in 1986 to develop a system to warn citizens of exposure to toxic chemicals. Signage for beverage alcohol is in place at retailers around the State. A new phase of Proposition 65 regulation went into effect May 11, 2016, when BPA (Bisphenyl-A) signage requirements become effective. The result of this regulation is a second sign that warns customers about health hazards to pregnant women of BPA. BPA is used in the liners of many cans and the seal for the lids of bottle caps.

The Brewers Association, in coalition with other food and beverage trade associations, reached an agreement with the state to fund, print and send warning signage to 88,000 retailers in California.

The member logo on the Brewers Association members page will be cited as your company is covered by the BA’s participation in funding of the signs campaign. Our contribution on your behalf is $10,000. We are also participating in the creation of a portal for members to list their own brands for the state if you choose to. Expect an email to members with that link in the coming days, once the coalition finalizes details with the State of California.

There is something of a “cottage industry” of lawyers who seek out Prop. 65 violations. The good faith effort made by the Brewers Association and coalition to get these signs posted in retailers covers members as having a similar good faith effort. Brewers who are not members of the Brewers Association simply have no defense if a sign violation lawsuit is filed that they have made a good faith effort to get the BPA warning signs to retailers. This is another added benefit of your membership.

If you know of breweries in your area that are not Brewers Association members, please recommend they consider joining now for this added layer of protection.

Paul Gatza is the director of the Brewers Association (BA), a not-for-profit trade association whose purpose is to promote and protect American craft brewers and American craft beer and the community of brewing enthusiasts. Paul is a member of the association’s Brewpubs, Technical, Communications, Market Development, PR & Marketing and Government Affairs Committees. Paul’s origin in the beer community started when he took up homebrewing in 1990. He worked on the bottling line at Boulder Beer and would sneak over to the brewhouse when opportunity allowed. He owned a pair of homebrew supply shops in Boulder and Longmont, Colorado from 1994 to 1998. He served as director of the American Homebrewers Association for 7 years and is in his 17th year as Brewers Association director. Paul is ranked as a National Beer Judge by the Beer Judge Certification Program. Paul is also a former judge director of both the Great American Beer Festival and World Beer Cup, before moving to the judge panels for these elite competitions.

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