On Friday, the FDA announced that it would not ban bisphenol A, commonly referred to as BPA, in food packaging. An FDA spokesperson stated that “there is not compelling scientific evidence to justify new restrictions.” BPA is a chemical additive commonly used in plastic food containers and the lining of canned food products. Some studies have shown that BPA is an endocrine disruptor with potentially adverse health effects.
The FDA’s decision not to ban BPA was issued as part of the settlement of a suit brought in the U.S. Circuit Court of Appeals for the District of Columbia in 2010 by the Natural Resources Defense Council (NRDC). NRDC filed the suit when the agency failed to act on NRDC’s 2008 petition to prohibit the use of BPA in food packaging. The court ordered the FDA to issue a decision by March 31.
The decision is a blow to public health advocates and consumer groups, who have been lobbying to ban BPA, particularly in baby bottles and toddler sippy cups. Some states, including Connecticut, Maryland, Maine, Minnesota, Washington, California, and Wisconsin, have enacted legislation limiting the use of BPA in certain products. Bans have also been passed at the local level, including statutes in Suffolk County, New York and Chicago, Illinois. Various bills have been introduced at the Federal level, most recently the Ban Poisonous Additives Act, which has been sitting in House and Senate committees for over a year. We do not anticipate movement on this bill until after the November election, although some companies are voluntarily eliminating BPA from their products and packaging in response to consumer demand and the patchwork of state laws described above.