Bisphenol A, Trees on Mars, and Riveting Headlines
Headlines can be deceiving, as well all know. But we often fall for them anyway. "Are Those Trees on Mars?" asked FoxNews and 150 other news outlets last week. So I squinted at the photo, trying to imagine how those could possibly be trees...maybe if a small city like Le Mars, Iowa shipped all the old Christmas trees collected on January 8th to Le Other Mars, instead of chipping them?
A fool I was, but you can't imagine my disappointment when the article attached to the NASA photo explained that there were No Trees On Mars, only dark sand illuminated differently than the surrounding carbon dioxide ice(1) -- (Tricky editors! - 'HA, made you look'). I guess readers' attention was elsewhere last week because closer to home, more subtly, but equally misleading, news headlines announced: The FDA "reverses" its position on bisphenol A (BPA), the FDA "backtracks" on BPA, the FDA advises consumers to "limit exposure" to BPA.
These headlines seemed like real news, since the FDA has for years faiiled to come out with either actions or public statements reflecting the growing research evidence for BPA toxicity. During the Bush administration the glaring gap between the FDA's position and BPA research propelled scientists to publicly criticized the relationship between the FDA and the industries it was supposed to be regulating. Acronym Required wrote about the fraught regulatory environment in the FDA vis-à-vis BPA, in "Scientists Criticize FDA Methods on BPA", in "Conflict of Interest in the FDA?", in "FDA Panel Offers Corrections to BPA Draft", in "Bisphenol A, The FDA, Industry -- Whassup?", and others.
Given the FDA's lackluster BPA regulation history, plus the fact that BPA is almost a household word, the newest headlines on BPA and the FDA attracted everyone's attention. The New York Times listed its story "F.D.A. Concerned About Substance in Food Packaging", as one of the "most e-mailed" articles one day. But underneath the headlines, what did the stories really report?
FDA -- Aging Cheerleader?
Despite the headlines, the FDA announced no "guidelines", and no new news. The LA Times quoted a statement from FDA Deputy Commissioner Joshua Sharfstein under the title "FDA issues BPA guidelines". "For the present", Sharfstein said", the FDA does support the use of baby bottles with BPA.'" (emphasis ours)
So in essence, the FDA has offered the same counsel for years, ever since it started studying BPA. In 1995 for instance, FDA scientists found that BPA migrated from heated plastic containers. The agency remained unalarmed. In 1997 the FDA began pondering how to change regulation to reflect evidence that endocrine disruptors altered physiology at low doses -- but barely flinched.
In 1999 several consumer groups, environmental safety groups, and scientists, petitioned the FDA to ban BPA in plastic baby bottles, because research then showed without a doubt that the chemical could leach out of polycarbonate, and indicated that BPA caused sex organ problems for male babies of exposed pregnant mice. At the time, the FDA deployed Dr. George Pauli to quell rising consumer concerns and Pauli assured families that polycarbonate bottles didn't leach under 'everyday' conditions, only at high temperatures; infant formulas required only mild heating, he said. (Although, alarmingly, parents typically microwaved the bottles.)
Now, over a decade later, despite dozens more studies, the FDA is still equivocating on baby bottles, although bottles present one of the riskiest sources of BPA because of babies' vulnerability to endocrine disruptors during development.
The FDA's statement becomes all the more difficult to swallow when you know that all on their own, without any encouragement from the agency, manufacturers voluntarily pulled polycarbonate bottles for babies and adults off the shelves.
The FDA did manage to bring its assessment -- that there is "some concern" about BPA health risks -- in line with the National Toxicology Program's (NTP) assessment. Although this is no small feat given the FDA's history, the agency didn't do much else, despite delaying this announcement three times.
From the FDA website, here's what the FDA committed to:
- "supporting industry actions" to stop making BPA containing baby bottles
- "faciliting the development" of BPA alternatives for formula cans
- "supporting efforts" to replace BPA in food can linings
Such mealy-mouthed statements give the impression that the FDA has little more persuasive authority than Acronym Required. The agency also said it would work with other agencies like the National Toxicology Program (NTP) in the NIEHS/NIH, and with foreign governments (legislators have aggressively questioned the FDA why it hasn't taken action when the Canada has banned BPA).
What Should Consumers Think?
The FDA is also seeking "external input" on the "science surrounding BPA", and will solicit "further public comment". Acronym Required commented on public comment periods used by agencies before. We wouldn't want to appear cynical in saying you can never have too much "public comment" or assume that the FDA is using the comment period to stall regulatory action. But since the FDA is now working with the National Toxicology Program in the NIH (NTP), it could review the numerous public comments solicited by the NTP during its assessments of the chemical in February, 2006; April, 2007; November, 2007; and April, 2008. (2)
The FDA is also "supporting a shift to a more robust regulatory framework for oversight of BPA". The FDA explains that a 40 year rule limits the FDA's ability to regulate BPA (as a food additive). The FDA can regulate new substances under a 2000 rule, but that doesn't help with BPA. So the agency will "encourage manufacturers to voluntarily submit a food contact notification for their currently marketed uses of BPA-containing materials." This is interesting because for years the FDA has been researching BPA and has declined to regulate the chemical because the agency found the science unconvincing; for some reason it hasn't brought a lot attention to its legal inabilities to regulate.
Does the FDA's latest announcement clarify its previous confusing position? What should consumers do? As my favorite headline, by "Beforeitsnews.com" byline has it: "It's in Your Urine But Is It Safe?".
More to the point, what should citizens do that they haven't done already? They've stopped buying polycarbonate, so much so that manufacturers have pulled bottles off the shelves, they've sued, they've urged local and state ordinances. By all measures, consumers have made the most credible effort to regulate BPA.
The FDA -- Nudging Itself Out of a Job? Drowning Itself In the Bathtub?
Other non-governmental organizations have responded with none of the ambiguity of the FDA. For instance spokespeople from the Breast Cancer Fund, Natural Resources Defense Council, Consumers Union, Clean New York, Center for Health Environment & Justice, and others, all urge the FDA to ban the chemical.
Even the National Council of Churches offers a suggestion for the FDA, saying, "As we celebrate the Christmas season, we are reminded of Jesus' commitment to those in poverty. We hope that the FDA will take measures to ensure that canned food is BPA-free through the use of safe alternatives in the future."
The FDA has been researching the chemical for over a decade. Their most recent statement followed delays -- not just three delays, but years of delays. Naturally the FDA, along with the CDC and NIH will support further research, in addition to supporting a new regulatory framework. The research will add to the already substantial body of research showing BPA dangers. And I guess that's how it is. The FDA is obviously hesitant to impact a multi-billion dollar industry, so the research needs to be far more conclusive than, say, if you were putting a potentially profitable pharmaceutical drug on the market.
In the meantime, as the FDA maintains relevancy by "supporting", "facilitating", and "encouraging" -- cities, towns and states across the US will continue to be at the forefront of 'patchwork' BPA regulation, pushing manufacturers to use alternatives.
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1 From NASA: "At that time, dark sand on the interior of Martian sand dunes became more and more visible as the spring Sun melted the lighter carbon dioxide ice. When occurring near the top of a dune, dark sand may cascade down the dune leaving dark surface streaks -- streaks that might appear at first to be trees standing in front of the lighter regions, but cast no shadows."
2 As a side note, the progression of public comments is interesting because it also shows growing awareness of BPA. In 2006 the only public comment was from the American Plastics Council. By 2008 almost 50 individuals and agencies commented.
