California legislators have reportedly rejected a bill (S.B. 797) that would have required manufacturers to remove by 2011 the chemical bisphenol A (BPA) from food and beverage containers intended for children ages 3 and younger. Unable to garner the 41 votes needed to pass in the Assembly, the bill will reportedly come under reconsideration in 2010.

The bill’s sponsor, Senator Fran Pavley, (D-Agoura Hills), has reportedly accused the chemical industry of an “expensive and shamefully deceptive lobbying campaign,” alleging that some senators were told that food production plants in their district would close if the bill was passed. “It’s a shame that we have failed to protect our most vulnerable citizens,” Pavley said.

Despite claims purportedly linking BPA to early onset puberty, obesity, birth defects, and breast cancer, the chemical industry has repeatedly pointed to a global consensus among food safety bodies that the substance is safe for use in food packaging. The American Chemistry Council (ACC) has also denounced Pavley’s suggestion that the industry engaged in deception to defeat the bill. “We respect Senator Pavley’s passion and her strong commitment to her personal position on these issues,” an ACC spokesperson told one media source. “But we categorically reject her characterization. It is simply untrue and does not serve anyone well to make such false and inflammatory charges.” See The Los Angeles Times, September 12, 2009; FoodProductionDaily.com, September 14 and 17, 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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