Bill to Ban BPA From Food/Beverage Containers Introduced in Senate

Senator Edward J. Markey (D-Mass.) and Representatives Lois Capps (D-Calif.) and Grace Meng (D-N.Y.) introduced a new Senate bill last month, S2572, or the Ban Poisonous Additives Act of 2014.

S2572, if enacted, would not only ban food containers that contain Bisphenol A (BPA) but would also prohibit replacing BPA with similar carcinogenic or toxic chemicals.  It would also require the Food and Drug Administration (FDA) to review substances used in food containers for health and safety.  A related House bill, HR2248, has been in committee for over a year.

BPA, which is often used in hard plastic water bottles, the linings of food cans, and receipts, has been associated with childhood obesity and cancer.  Last year BPA was designated a chemical known to the State of California to cause reproductive harm, and products sold in California containing BPA would have required a health hazard warning.  The American Chemistry Council sued, resulting in the temporary delisting of BPA, at least until a trial can proceed.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.