BPA - The Next Regulated Chemical

BPA, or Bisphenol-A, has been in the news lately as another potentially hazardous chemical.  While the Food and Drug Administration (FDA) continues to state that BPA is safe – as do government bodies in Europe, Canada, and Japan - consumer groups and legislators are working vigorously to ban the chemical, at least in certain applications. 

BPA is a chemical used to make polycarbonate plastic and epoxy resin.  Polycarbonate is used in a wide array of products, including drinking glasses, baby bottles and CDs/DVDs.  In fact, most clear plastic is polycarbonate.  Epoxy resin is used as a protective coating inside many canned food and beverage containers.  BPA can be found in any household.

There is a lot of conflicting scientific information.  Many studies claim that BPA is harmful, and is linked to neurological defects, diabetes, some cancers and heart disease.   Many other studies, including those done by regulatory agencies globally, claim that BPA is safe and does not pose a health risk to the general population, including infants and babies.  

I don’t know which of these claims is correct.  But I do know that there has been legislation enacted which bans BPA in certain applications, and there is a lot of other legislation proposed, some of it wide-reaching.  Below is a brief summary of this legislation.

Enacted legislation:

·                    New York, Suffolk County is first to ban children’s beverage containers (bottle, cup, cup lid, straw or other container) for children under 3 years

·                    Minnesota is the first state to enact legislation banning BPA for use in children’s bottles or cups, effective January 1, 2010.

·                    Chicago is the first city to ban BPA in baby bottles and sippy cups, effective January 30, 2010.

Proposed legislation banning BPA:

·                    California’s Toxin-Free Toddlers and Babies Act - any bottle, cup, or food-containing can or jar

·                    Connecticut – any product for children under 3 years; or any reusable food container, jar, or can

·                    Hawaii – any toy or child care article intended for children under 3 years

·                    Illinois – any food container for children under 3 years

·                    Maryland – any toy or child care article intended for children under 6 years

·                    Massachusetts – any toy or child care article intended for children under 3 years

·                    New Jersey – any toy or child care article intended for use by a child of any age; or under 6 years; or plastic wrap; or food containers

·                    Oregon – any children’s product for children under 12 years

·                    Rhode Island – any toy or child care article for children under 6 years

·                    Vermont – any consumer product containing BPA

·                    Washington – any food or beverage container for children under 3 years

In addition, there is proposed Federal legislation banning BPA in all food and beverage containers, and other legislation limiting the ban to children’s food and beverage containers.  Canada is also looking to ban BPA.

With all of the above proposed legislation, it is likely that other states will follow Minnesota in banning BPA, and the Federal government may follow.  And so, regardless of what the scientific evidence says, manufacturers need to start thinking about how to address these bans on BPA.