U.S. Rep. Edward Markey (D-Mass.) has re-introduced legislation (H.R. 2248)
that would prohibit the use of bisphenol A (BPA) in all food and beverage
containers. Titled the “Ban Poisonous Additives Act 2013,” the bill would “ban
reusable food and beverage containers (e.g., thermoses) and other food
containers (e.g., canned food and formula) that contain BPA from being sold
or introduced into commerce.”

“It’s time to take the worry out of feeding America’s kids by taking the BPA out
of infant formula, canned goods, and other food and beverage containers,”
said Markey, who has been working to remove BPA from food and beverage
containers since 2008. “Parents, consumers, and doctors are all asking to
get BPA out of our bodies. It’s time to ban this chemical and move to safer
alternatives.”

The proposed legislation would also (i) permit the U.S. Food and Drug
Administration (FDA) to issue one-year waivers if a facility “demonstrates that
it is not technologically feasible to replace bisphenol A in the certain type
of container or containers for such particular food product or products”; (ii)
require manufacturers that receive a waiver to submit “a plan and timeline for
removing bisphenol A from such type of container or containers for that food
product or products” and to “display a prominent warning on the label that
the container contains bisphenol A”; and (iii) require FDA to review substances
that have been previously approved for use in manufacturing food and
beverage containers and to limit the use of substances that FDA determines
may pose health risks.

The proposal is supported by 19 other Democratic members of Congress and
endorsed by the American Nurses Association, Clean Water Action, Breast
Cancer Fund, Consumers Union, Environmental Working Group, and other
consumer protection organizations. See Rep. Edward Markey News Release,
June 4, 2013.

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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