The Food and Drug Administration (FDA) has announced that it will decide by November 30, 2009, whether the chemical bisphenol A (BPA) is safe for use in food packaging. FDA Acting Deputy Commissioner and Chief Scientist Jesse Goodman has reportedly told the agency’s Science Board that a group of FDA scientists will conduct a new review of more than 100 studies on BPA and that the review will be assessed by a group of government scientists not affiliated with FDA. Commissioner Margaret Hamburg will review the science and recommendations, and then determine whether BPA is safe when used in food containers.

Scientific evidence on whether the levels of BPA in products are harmful has been hotly disputed. Last year, FDA said the chemical was safe because the small amounts that leach from food containers do not threaten children or adults. But its Science Board rejected that decision, apparently claiming that it was based on two studies financed by the plastics industry. New studies have also allegedly linked BPA to heart disease and diabetes, and one study has suggested the chemical interferes with the effectiveness of chemotherapy for breast cancer patients. Minnesota, Connecticut, Chicago and Long Island’s Suffolk County have already banned BPA in baby bottles and sippy cups. Massachusetts has issued a health advisory to pregnant women and parents of young children, and a federal ban has been introduced in the House and Senate. See Milwaukee Journal Sentinel, August, 17, 2009; E&E News PM, August 18, 2009; FoodProductionDaily. com, August 19, 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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