Connecticut Attorney General Richard Blumenthal has reportedly launched an investigation into chemical and packaging lobbyists who allegedly sought to thwart regulation banning the use of bisphenol A (BPA) in baby bottles, infant food jars and other products. Blumenthal is seeking details about a series of joint trade association meetings held in April and May 2009, during which industry officials purportedly discussed a public relations strategy to counter efforts to regulate BPA. According to Blumenthal, this “apparent campaign” aimed to use “fear tactics, political manipulation, and misleading marketing” to stymie BPA legislation pending in several state and local governments, including Connecticut. The attorney general has also called on the North American Metal Packaging Alliance (NAMPA) and other key stakeholders to denounce these efforts. “Colluding in a campaign of confusion and concealment – potentially endangering children and pregnant women – is appalling and possibly illegal,” Blumenthal was quoted as saying. “We are demanding details about industry giants plotting to use deceptive, and possibly illegal, tactics to blur the truth about BPA dangers.” See The Connecticut Post and Courant.com, June 15, 2009; FoodProductionDaily.com, June 17, 2009.

Meanwhile, The Endocrine Society issued a scientific statement concerning “endocrine-disrupting chemicals” at its 91st annual meeting, ENDO 09, held June 10-13 in Washington, D.C. The society listed BPA, phthalates, pesticides, and other chemicals as a “significant concern for public health” and urged legislators to reduce human exposure to these agents. “From chemicals in pesticides, food, plastic bottles and other items that we use every day, the concern is real,” stated Endocrine Society President Robert Carey, pointing to evidence that endocrine disruptors affect “male and female reproduction, breast development and cancer, prostate cancer, neuroendocrinology, thyroid disease, metabolism and obesity, and cardiovascular endocrinology.” See The Daily Green, June 11, 2009; The Endocrine Society Press Release, June 16, 2009.

In a related development, two separate animal studies presented at ENDO 09 have purportedly linked BPA to abnormal heartbeats and low fertility. University of Cincinnati (UC) researchers apparently exposed live cultures of mouse and rat cardiac cells to BPA and/or estrogen, finding that “both compounds caused striking changes in the activity of cardiac muscle cells from females but not males.” Their results showed that “these cellular changes in activity caused improperly controlled beating in the female heart,” stated the UC team, which noted the implications for women’s health. “It’s very clear that BPA is acting like estrogen,” the researchers concluded. “If we give estrogen at physiological concentrations, then add BPA, it’s actually a synergistic effect. It’s not like adding the two together. It’s worse.” See University of Cincinnati Press Release, June 10, 2009.

Yale University scientists also put forth research suggesting that low doses of BPA could decrease fertility in both mice and humans. Led by Professor Hugh Taylor, the group examined DNA from the offspring of mice injected with BPA during pregnancy. According to Taylor, BPA exposure in utero affected the genes (HOXA10) responsible for uterine development and fertility in mice and humans, altering both the DNA code and the ability of DNA to express these genes. “A little transient exposure during a brief period in pregnancy could permanently alter the DNA of the uterus,” Taylor told ENDO 09 attendees. “We don’t know what a safe level of BPA is, so pregnant women should avoid BPA exposure. There is nothing to lose by avoiding items made with BPA – and maybe a lot to gain.” See FoodProductionDaily.com, June 11, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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