Congress Takes on Bisphenol A
The US House and Senate introduced bills last week that would ban bisphenol A (BPA) in all food and beverage containers. The proposed bills are the latest federal legislation to try to curb the used of BPA, even as production of the chemical continues to increase worldwide.
Studies conducted by the Center for Disease Control (CDC) have found that bisphenol A is found in 92.6% of people tested. For years consumers assumed that the chemical was benign. However BPA has now been shown through hundreds of science studies to be linked to prostate and breast cancer, obesity, neurological problems including behavioral problems in children, precocious puberty, altered sperm counts, immune disorders and other problems.
For a long time, even though more and more studies showed the dangers of BPA, legislation was nowhere to be found. Now legislative efforts are starting to gain traction following increasing public awarenes and outcry on bisphenol A. In 2005 Acronym Required reported on the first bisphenol A legislation out of California, introduced by Wilma Chan, that proposed a limit to bisphenol A in childrens products. "Plastic Bottles- Protecting Your Baby, by the ACC", focused on the industry's use of misinformation about baby bottles to protect their plastics and bisphenol A market. Reporting on San Francisco's attempt to clamp down on the use of BPA in baby bottles and children's products, we wrote: "It will be interesting to watch the progress of this legislative attempt to control use of this chemical". The California legislation was swiftly defeated under industry threats.
In the four years since, the accumulation of science research attracted public attention then propelled citizen action, which in turn motivated city, state and federal legislatures to pay heed. Not coincidentally, the companies who we chronicled vehemently denying the dangers of BPA, now "voluntarily" discontinue some of their controversial uses for the chemical. Not all lobbies are so agreeable however. The Juvenile Products Manufacturers Association (JPMA), which currently owns the site www.babybottle.org that we took exception to 4 years ago, still runs under a banner of blatant lies "PLASTIC BABY BOTTLES ARE SAFE. Convenient. Tested. Trusted."
Taking a Stand on the Precautionary Principle?
Senators Dianne Feinstein (D-CA) sponsored the Senate bill S. 593, which Charles E. Schumer (D-NY) co-sponsored. Said Feinstein when introducing the bill:
"I strongly believe that the time has come to utilize a precautionary standard in all food and beverages with respect to chemical additives. If you do not know for certain the chemical is benign, it should not be used. Bisphenol A, known commonly as BPA, is one such example. It is used in consumer products all around us: plastic containers that store food, compact discs, water bottles, canned soups and other canned foods, even baby bottles. More than 100 studies suggest that BPA exposure at very low doses is linked to a variety of health problems..."
America consumers should not be "guinea pigs", Feinstein said. The bill would ban Bisphenol A from all food and drink containers, effective 180 days from enactment. The chemical is ubiquitous, found in pipes, baby bottles, infant formula cans, dental sealants, and car parts. But the Environmental Working Group commissioned research showing that half of the cans they tested had detectable levels of BPA that would not only expose adult consumers to levels of BPA considered dangerous, but could expose unborn children whose mothers eat canned food to up 200 times safe levels. Therefore a bill that targets the use of bisphenol A in food containers would help keep the chemical out of humans.
Feinstein's legislation would allow companies to petition for renewable waivers by claiming that it was "technologically impossible to replace BPA in that time frame", an interesting and potentially problematic criteria.
The language Senator Feinstein used in her statement is interesting for other reasons too. "Precautionary Standard" is similar to "Precautionary Principle", which is a sort of loaded term, one that industry and free trade organizations detest. The presumed head of the Office of Information and Regulatory Affairs (OIRA) (in the Office of Management and Budget (OMB) in the Executive Office of the President), Cass Sunstein -- unofficially nominated but at large (maybe somewhere in the bowels of OIRA) -- has periodically taken a strong stand against the Precautionary Principle. (For instance read the paper "Laws of Fear: Beyond the Precautionary Principle", the book of the same tittle, papers or the related less conciliatory CATO article on the subject. Some of these same ideas which are propagated throughout his writing including in "Nudge"). If Congress goes forward with the legislation, will it bring the US stance on chemicals closer to the European one? Will the "Precautionary Standard" edge its way into policy or become more mainstream?
Whatever the outcome, if you were to take a stand on the unfortunately named but potent and historically interesting Precautionary Principle, would the chemical bisphenol A, which has been thoroughly researched, be the chemical you'd choose? (It's not clear whether Feinstein is doing this or whether this is just convenient, casual wording.) Acronym Required has written about the disconnect between the hundreds of studies showing potential dangers of the chemical, legislative action, media coverage, and stalling action by lobbyists, in Phthalates and Bisphenol A: Media and Politics".
The research on bisphenol A does not leave very much doubt as to the dangers of this chemical. So then is this "precaution"? Or even "caution"? Or is it legislation that is very late in to the scene, slowed by chemical companies and their intense lobbying, which makes it simply "reactionary". Not to dredge up an overused cliche here, but is this that different from warnings on cigarette boxes, decades after the first health studies came out? I'm not answering, just asking.
Making this a joint congressional action, Congressman Edward Markey (D-MA) introduced the companion bisphenol A legislation in the House. Markey's bill will be known as "Ban Poisonous Additives Act of 2009".
Senator Feinstein also helped write a 2008 amendment to the Consumer Product Safety Commission which banned the sale of phthalate containing products to children under seven. California passed a similar law in 2007.
Communities Take On Bisphenol A and Companies Suddenly Choose Science
As we mentioned above, Acronym Required previously chronicled San Francisco's failed efforts to ban bisphenol A legislation. The San Francisco City Council members deleted language that would have restricted the use of bisphenol A in certain infant and children's products when sued by plastic manufacturers. We also wrote on Chicago's city legislation and Canada's, and Canadian communities' bans. Since then, more communities have taken on bisphenol A, and Suffolk County" is the latest to institute a ban on the chemical. While manufacturers can afford to take one city to court, if multiple states and cities are introducing legislation, the balance of power changes. Steve Hentges, the prolific American Chemical Council spokesman and author of editorials proclaiming BPA's safety must be spinning (as in 360s) trying to keep up.
American manufacturers are expert at stalling legislation. But at some point, they too, glance over their shoulders an realize that legislation and negative public opinion is bearing down on them. Six companies, Playtex Products, Gerber, Evenflow, Avent America, Dr. Brown's and Disney First Years said they would stop the sale of plastic polycarbonate baby bottles in the USA, in response to action by Connecticut attorney general Richard Blumenthal, and the attorneys general in Delaware and New Jersey.
In other company responses to public outcry, Sunoco wrote a letter to investors saying that they would stop selling bisphenol A to companies that can't assure that BPA won't be used in food and water products for children under 3. Sunoco noted they couldn't assure that bisphenol A was safe. Sunoco's action, though rather anemic, was in response to investor actions and queries to the company. Interviewed by the Minneapolis Star Tribune, Tom McCaney, associate director for corporate responsibility at the Sisters of St. Francis of Philadelphia, a group of about 600 nuns who petitioned Sunoco on BPA: "We thought this was a really bold step, especially for a company that's a member of the American Chemistry Council." Bold indeed. Not the adjective I would choose perhaps, since Sunoco's not guaranteeing anything, but a "smart" business move? Sure.
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