FDA Bans Use of BPA in Baby Formula Packaging
The U.S. Food and Drug Administration (FDA) has decided to ban the use of bisphenol A (BPA) in coatings for baby formula packaging after determining that the industry has abandoned the use of BPA. The FDA did not, however, take any action on the use of BPA in linings of cans used for food.
The FDA took the step to ban the use of BPA in baby formula packaging in response to a 2012 petition from Rep. Edward J. Markey (D-Mass.)—recently elected in July to the fill the vacant U.S. Senate seat of John Kerry—who argues that BPA is toxic and that he will continue to fight to ensure that all food products are free from BPA. In addition to baby formula packaging, BPA is used in other food packaging products to harden plastic and prevent the growth of bacteria.
BPA has been linked to possible health problems of the brain, breast and prostate. In 2011, the American Medical Association deemed BPA an “endocrine-disrupting agent” and urged that “BPA-containing products with the potential for human exposure be clearly identified.”
Although the FDA considers BPA to be safe, the use of BPA in baby formula packaging was banned because all U.S.-based infant formula manufacturers have abandoned the use of BPA-based epoxy resins as coatings in packaging and have no plans to re-introduce the resins into the market.
Even without addressing the safety of using BPA in baby formula packaging, the FDA was able to ban the use of BPA on the basis of evidence that the additive is no longer used in a particular application, in this case because the application has been abandoned by the industry.
The American Chemistry Council said that amending the food additive regulations to remove BPA from the list of approved substances in infant formula packaging will bring clarity to consumers and eliminate any lingering confusion about the presence of BPA in baby formula packaging.
On April 11, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment designated BPA as a chemical known to the State of California to cause reproductive toxicity for purposes of Proposition 65. On April 19, 2013, after a lawsuit was brought against OEHHA by the American Chemistry Council (ACC) to block the listing of BPA as a reproductive toxicant, and as ordered by the California Superior Court in Sacramento, OEHHA delisted BPA. ACC’s case against OEHHA is still pending, and there is a possibility that OEHHA will again be able to designate BPA as a chemical known to cause reproductive toxicity.
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.