According to a news source, Health Canada is about to become the first country to formally place bisphenol A (BPA) on its toxic substances list and prohibit its use in baby bottles. An official announcement in the Canada Gazette is reportedly imminent, although nothing on the government agency’s website confirms this report. Health Minister Tony Clement said in 2008 that the government planned to take such action, calling the move “precautionary and prudent.” See Canada.com, April 14, 2009.

Meanwhile, a legislative committee in Connecticut has apparently approved a bill (Raised Bill No. 6572) that would prohibit BPA’s use in products for children younger than age 3, such as baby bottles, infant formula cans and spill-proof cups, as well as in reusable food or beverage containers, beginning in October 2009. Jars, cans, bottles, or other food product containers could not contain BPA after October 2012. While the proposal still faces approval by the full General Assembly and the state’s governor, it passed unanimously in committee. According to the bill’s sponsor, Representative Beth Bye (D), “Our first worry was about babies, because bisphenol A is found in the highest proportions in the youngest children.” See Greenwire, April 15, 2009.

In a related development, an international consortium of scientists has reportedly rejected as incomplete and unreliable the Food and Drug Administration’s (FDA’s) assertion that BPA is safe. According to a news source, nearly 60 industry, academic and government scientists, who met recently in Germany to discuss the issue, plan to release a consensus statement in coming weeks. They were apparently critical of
the two studies that FDA relied on to declare the chemical safe and are expected to call for a broader look at the scientific literature. A Tufts University developmental biologist was quoted as saying, “The FDA’s standard is reasonable certainty. It is no longer reasonable to say that BPA is safe.” The group also reportedly questioned the European Food Safety Authority’s BPA assessment. See JS (Journal Sentinel) Online, April 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.

Close