The Canadian government has reportedly declared that bisphenol A (or BPA) is a hazardous substance, and Health Canada will begin drafting regulations to prohibit the importation, sale and promotion of baby bottles made with the chemical. The agency’s scientists apparently contend that the primary exposure for newborns and infants is through the use of such baby bottles, particularly when they are heated, and from the chemical’s migration into infant formula from cans lined with the substance.

While the levels of exposure are evidently below those posing a health risk, the government decided to take the action as a precaution, citing research showing that “low-level exposure to BPA, particularly at sensitive life cycle stages, may lead to permanent alterations in hormonal, developmental or reproductive capacity.” Health Canada will also apparently work with industry to reduce bisphenol A in the linings of infant formula cans.

Responding to the regulatory initiative, the Grocery Manufacturers Association released a statement to reassure the public about the chemical’s safety, claiming that Canada’s “precautionary action is disproportional to the risk determined by public health agencies. An assessment of the entire body of scientific evidence and the findings of the FDA— which reaffirmed the safety of BPA as recently as August—and numerous health authorities and researchers have concluded that consumers can continue to safely enjoy foods and beverages in the
many forms of packaging provided, including those that contain BPA, without changing their purchasing or eating patterns.”

Meanwhile, the Milwaukee Journal Sentinel has reported that the Food and Drug Administration (FDA) draft report, which concluded the chemical was safe, was written, for the most part, by “the plastics industry and others with a financial stake” in the industry. The newspaper’s earlier story that the FDA subcommittee reviewing the report is chaired by a man who founded and co-directs an institute that received $5 million from a man who claims bisphenol A is safe apparently touched off a congressional inquiry. Further details about the congressional probe appear in issue 278 of this Update.

In a related development, the third largest U.S. supermarket chain will reportedly stop selling plastic baby bottles containing bisphenol A. Safeway, with 1,775 stores in the United States and Canada, made the announcement several days after Canada indicated that it would prohibit the chemical in baby bottles. See Grocery Manufacturers Association Press Release, October 17, 2008; FoodUSANavigator.com, October 20, 2008; thedailygreen.com and Milwaukee Journal Sentinel, October 22, 2008.

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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