In the News

Connecticut Bans BPA in All Infant Formula and Baby Food Containers

Jul 21, 2009

Connecticut became the first state to ban Bisphenol A (BPA) from all infant formula and baby food containers, and the second state to pass a BPA ban, when Governor M. Jodi Rell signed HB 6572 into law. The legislation also bans any "reusable food or beverage container" containing BPA. The ban takes effect October 1, 2011; however, existing inventory of infant formula and baby food containers that contain BPA may be sold until October 1, 2012, provided that containers were bought before October 1, 2011. Controversial mandatory BPA labeling provisions included in earlier versions of HB 6572 were deleted by the Senate. (For more information on the earlier version of HB 6572 and the Minnesota BPA ban, see the PackagingLaw.com article, First Statewide Ban of BPA in Children's Products Adopted in Minnesota; Others May Follow.)

In response to Connecticut's BPA ban, the American Chemistry Council (ACC) issued a press release stating: "Connecticut chose, despite a worldwide consensus among regulatory agencies that BPA can be safely used in food contact products, to adopt restrictions that will significantly limit consumer choice and not improve public health."

Shortly after Governor Rell signed the BPA ban, Connecticut Attorney General Richard Blumenthal announced on June 15, 2009 that he has asked several companies to provide details about an industry meeting on BPA.  A press release, issued by Blumenthal's office about the request, stated that a letter was sent to several companies "apparently involved in the meeting," including, Alcoa of Pittsburgh, Del Monte Foods, American Chemistry Council, Grocery Manufacturers Association, The Coca-Cola Company, and North American Metal Packaging Alliance, Inc.

The information and documents that Blumenthal requested include:

• All documents and communications, including talking points, minutes, summaries, memoranda, media statements, emails, and drafts of any such documents, relating to meetings of the BPA Joint Trade Association in April and May 2009;
• A list of all attendees at these meetings, including their affiliations and contact information; and
• A list of all members of the BPA Joint Trade Association, including their contact information.

California Considering BPA Ban

The California Senate passed a BPA ban, SB 797, on June 2 by a vote of 21-16, which would also apply to certain cans. The legislation would ban any bottle, cup, bottle, or can that contains more than 0.1 part per billion of BPA, if they are intended to be filled with a food or beverage primarily for consumption by infants or children three years of age or younger. The bill is now before the California State Assembly.

ACC issued a press release stating that the California Senate ignored a "worldwide body of scientific evidence" when it voted in favor SB 797. "Assessing chemical and product safety requires deep scientific expertise and rigorous analysis. For this reason, the same California Legislature last year adopted what may be the world's most comprehensive chemical management regulatory program for consumer products. If there is a need for further scientific review of BPA in California, the open and transparent process under this ‘Green Chemistry' initiative will provide what is needed to protect the health of all Californians. Legislative end-runs around the scientific process are not the way to achieve this goal," said ACC in the release.

In a mostly symbolic gesture, the Chicago City Council unanimously voted on May 13, 2009 to ban the sale of any empty bottle or cup containing BPA that are designed to be filled with food or liquid to be used primarily by a child under the age of three. According to the Chicago Tribune, Chicago Mayor Richard Daily has declined to take a position on the city's BPA ban, and stated that he doubts that city officials would have to enforce it since companies, most likely, would not violate the ordinance.

In related news, Food and Drug Administration Commissioner Dr. Margaret Hamburg indicated that the Agency's review of BPA should be completed by the end of the summer or early fall. She was speaking at a June 3 legislative hearing held by the U.S. House of Representatives' Energy and Commerce Subcommittee on Health. (For more details on FDA's review of BPA, see the PackagingLaw.com article, FDA to Review Safety of BPA.)