Legal Commentators Make Predictions About BPA-Related Litigation

According to legal commentators interviewed for an article in Law 360, consumer perceptions about the safety of food-packaging chemical bisphenol A (BPA), as well as increasing attention to the chemical in state legislatures, could result in a morass of litigation for years to come. While a $1 billion lawsuit is already pending in multidistrict litigation court against companies producing products, such as baby bottles, containing BPA, some say that manufacturers rushing to reformulate their packaging or products could inadvertently replace the substance with questionable alternatives. The article explores the scientific uncertainties currently informing the debate before the courts and policy makers and suggests that if the Food and Drug Administration ultimately concluded that BPA poses risks to human health, consumer fears would only be exacerbated. See Law 360, February 16, 2010.

In a related development, the 95-2 vote in Wisconsin’s Assembly on February 16 has moved a BPA ban closer to approval in the state. The Senate approved an identical version, and the governor is expected to sign it. The bill would prohibit the sale and manufacturer of BPA in baby bottles and cups for children ages 3 and younger. According to a news source, similar bans are in effect in Connecticut, Minnesota, Chicago, and three counties in New York. Proposed bans are apparently pending in seven states and Washington, D.C. Oregon’s Senate split 15-15 on that state’s proposal, which reportedly means that it will go no further. See Journal Sentinel and The Oregonian, February 16, 2010.