In the ongoing war against banning Bisphenol A or BPA from food packaging, at the end of June the Natural Resources Defense Council (NRDC) filed a lawsuit against the FDA in the U.S. District Circuit Court of Appeals for the District of Columbia. The NRDC charged the agency with not acting on its 2008 petition asking the FDA to ban BPA, a commonly used chemical found in hard plastic and used in the lining of most canned foods, including fruits and vegetables, baby formula, beer, and soda, from food packaging. The FDA did not respond to the request within the 90 days required by law.
Last January, the U.S. Food and Drug Administration (FDA) announced that the agency would support “reasonable steps” to reduce human exposure to Bisphenol A,. The agency stated it would take “reasonable steps” to minimize the use of BPA-based products, such as baby bottles and plastic cups, that come in contact with foods or drinks consumed by babies or toddlers. The FDA is also encouraging reductions in BPA releases and exposure, especially in babies and young children.
The chemical is so common that its residues are estimated to be present in the bodies of more than 90 percent of all Americans. According to the NRDC, more and more scientific research has linked exposure to BPA to altered brain development and behavioral changes as well as links to breast and prostate cancers, reproductive harm, obesity, diabetes, and cardiovascular disease.
In a statement on the filing, Aaron Conlangelo, an attorney for the NRDA wrote, “The FDA has failed to safeguard the food supply and protect the public from harm.” The FDA's failure to regular this chemical in food packaging is unjustified, and so we are forced to ask the court to intervene and order the agency to take action.”
While the FDA had no comment on the lawsuit, this month the California Assembly passed legislation to ban the use of BPA in children's food and drink containers starting in 2012. Makers of infant formula manufacturers would have until July 2012 to discontinue to use of BPA in the linings of metal containers used for formula.
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