Tag Archives BPA

An Illinois federal court has dismissed part of a putative class action alleging that Champion Petfoods USA Inc. sold foods for animals that contained elevated levels of several heavy metals—including arsenic, cadmium, mercury and lead—as well as bisphenol A (BPA), pentobarbital, "non-regional and non-fresh ingredients, or unnatural or other ingredients that do not conform to the dog foods' packaging or advertising." Zarinebaf v. Champion Petfoods USA Inc., No. 18-6951 (N.D. Ill., E. Div., entered July 30, 2019). The court found that the plaintiffs were not alleging the dog foods to contain unsafe levels of the materials at issue; rather, the plaintiffs' claims were plausible because they alleged that the marketing led them to believe the products to be "healthy, natural and high-quality" but that a reasonable consumer would not have purchased the products knowing that they contained heavy metals and BPA. The court dismissed claims relying on the presence of…

The General Court of the European Union has confirmed that bisphenol A (BPA) is a substance of very high concern under the EU's REACH Regulation. PlasticsEurope, which represents four companies that sell BPA-related materials, challenged the categorization. The organization argued that the listing should exclude intermediate uses of BPA, including as an on-site isolated intermediate or a transported isolated intermediate. The General Court ruled that the uses were not exempt from the REACH Regulation, noting that "one of the objectives of the candidate list of substances is the establishment of information sharing obligations in respect of substances of very high concern within the supply chain and with consumers. The identification of a substance as a substance of very high concern serves to improve information for the public and professionals as to the risks and dangers incurred. The General Court therefore considers that the contested decision is consistent with the objective…

A former vice president of National Beverage Corp. has alleged that he was fired because he objected to the company president's intention to use cans lined with bisphenol A (BPA) while marketing its LaCroix products as natural and BPA-free. Dejewski v. Nat'l Beverage Corp., No. PAS-L-1802-19 (N.J. Super. Ct., Passaic Cty., filed June 6, 2019). The complaint alleges that Albert Dejewski was fired in retaliation for objecting to Joseph Caporella's plan to "prematurely announce" that the company's LaCroix cans would be BPA-free; Dejewski argues that Caporella knew LaCroix would not be sold in BPA-free cans until "at a minimum 4-6 months" after the announcement. Dejewski seeks damages under New Jersey's whistleblower-protection law.

U.S. Health and Human Services' National Toxicity Program has issued a research report on the toxicity of bisphenol A (BPA) in rats. The study "was designed to characterize and evaluate the toxicological potential of BPA following perinatal only or chronic exposure in rats under the conditions of a chronic, extended-dose response design." The report is one component of Consortium Linking Academic and Regulatory Insights on BPA Toxicity (CLARITY-BPA), which will issue a final report in the autumn of 2019 compiling the National Toxicity Program's results with reports from university researchers.

The National Toxicology Program, part of the Public Health Service of the U.S. Department of Health and Human Services (HHS), has issued for peer review a draft research report of a two-year study of the effects of bisphenol A (BPA) on rats. According to a press release issued by the U.S. Food and Drug Administration (FDA), the study was conducted by senior scientists at FDA’s National Center for Toxicological Research as part of a collaborative effort by FDA and the National Institutes of Health to investigate concerns about possible developmental effects of relatively low exposure to BPA. FDA reports that it found “minimal effects” of BPA on rats but identified areas that “may merit further research, such as the increase in occurrence of mammary gland tumors at one of the five doses.” FDA also noted that its “comprehensive review” of the report supports the agency’s determination that currently authorized uses…

Researchers in France and Brazil have concluded that a 10 percent increase in the consumption of ultra-processed foods is associated with a "significant increase of greater than 10% in risks of overall and breast cancer." Thibault Fiolet, et al., "Consumption of ultra-processed food and cancer risks: results from NutriNet-Santé prospective cohort," BMJ, February 14, 2018. The study, which involved surveying records of more than 100,000 participants, asserts that ultra-processed fats and sauces along with sugary products and drinks were associated with an increased risk of overall cancer, while ultra-processed sugary products were also associated with a higher risk of breast cancer. The researchers hypothesized that the findings were caused by the "generally poorer nutritional quality of diets rich in ultra-processed foods," the wide range of additives used, and heat-related processing and preparation that produce neoformed contaminants such as acrylamide.

Members of the European Parliament have backed by a 559 to 31 vote, with 26 abstentions, a non-binding resolution asking the EU to “further harmonize the safety requirements for food contact materials [FCMs], which are largely used in everyday life in the form of food packaging, kitchen utensils and tableware.” According to a news release, “Only four out of listed 17 food contact materials are currently covered by specific safety measures foreseen in existing EU framework legislation: plastics, ceramics, regenerated cellulose and ‘active and intelligent’ materials.” In particular, the report on the implementation of the Food Contact Materials Regulation ((EC) No 1935/2004) calls on the Commission to consider identifying bisphenol A (BPA) as one of the substances classified as a substance of very high concern (SVHC) under REACH regulations. It also asks the European Commission to prohibit the use of bisphenol S (BPS) in FCMs “as a substitute for Bisphenol…

The National Academies Press (NAP) has published a report summarizing a March 2015 workshop held by the National Academies of Sciences, Engineering, and Medicine on The Interplay Between Environmental Chemical Exposures and Obesity. The report summarizes both animal model and human epidemiological studies allegedly linking exposure to environmental chemicals “to weight gain and to glucose tolerance, insulin sensitivity, inflammation, and other aspects of the metabolic syndrome.” It also examines the “possible biological pathways and mechanisms underlying the potential linkages.” Noting the purported efforts of so-called endocrine disruptors during prenatal and early childhood development, the report focuses on the increase in chemical production alongside obesity rates and raises questions about the metabolic effects of various substances such as “organophosphates and carbamates; polychlorinated biphenyls (PCBs); polybrominated biphenyls and fire retardants; heavy metals; solvents; and plastics, such as phthalates and bisphenol A (BPA).” In addition, the report addresses the potential role of infectious…

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed initiating a regular rulemaking process to extend until December 30, 2017, an emergency measure that allows retailers to use standard point-of-sale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations, consumer products that contain any chemical known to the state to cause reproductive toxicity or cancer must display a “clear and reasonable” warning on “labeling, shelf tags, shelf signs, menus or any combination thereof as long as the warning is prominent and conspicuous.” Taking into account comments received on the emergency measure, OEHHA believes that the proposed regulation “will provide consistent, informative, and meaningful warnings to consumers about significant exposures to BPA.” These warnings will included a link to OEHHA’s website, “which will contain fact sheets, links to informational materials on BPA from other authoritative…

The European Food Safety Authority (EFSA) has launched a new working group “to evaluate new scientific evidence on the potential effects of bisphenol A (BPA) on the immune system.” Prompted by a Dutch National Institute for Public Health and the Environment report on new studies “describing pre- and perinatal effects of BPA on the immune system,” EFSA’s Panel on Food Contact Materials, Enzymes, Flavorings and Processing Aids plans to issue a scientific statement on BPA and immunotoxicity at its September 13-15, 2016, plenary meeting. See EFSA News Release, June 20, 2016.   Issue 609

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