The Massachusetts Department of Public Health has issued an advisory for bisphenol A (BPA), urging caretakers of children under two years old to avoid formula and breast milk storage products that contain the chemical. The health department has also advised pregnant and breastfeeding women to avoid using plastic food and beverage containers made with BPA, and to eat fresh or frozen products instead of canned foods that may have contact with BPA liners. In addition, state officials have recommended that all consumers (i) limit their exposure to transparent plastic containers with the recycling number 7 and the letters PC; (ii) avoid heating these containers “in microwave ovens, in water on the stovetop, or by adding boiling water into them”; (iii) wash containers “by hand with warm water and soap, instead of in dishwashers”; and (iv) replace worn or scratched polycarbonate plastic with stainless steel and glass containers.

A pamphlet released with the advisory notice claims that possible health effects of BPA “include, but are not limited to: changes in the infant’s developing nervous system, such as thyroid function and brain growth; changes in behavioral development, such as hyperactivity; and changes in the normal development of the prostate gland.” The department’s advisory further notes, “Recent preliminary studies also suggest that BPA may interfere with the effectiveness of breast cancer chemotherapeutic drugs in cell culture, and may also be associated with diabetes and cardiovascular conditions in adults.” See Massachusetts Health Department Press Release, August 3, 2009; FoodProductionDaily.com, August 4, 2009.

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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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