The hard-fought campaign is likely to reach its conclusion later Tuesday as the upper house of the Californian legislature is scheduled to take a final vote on SB 797. The bill, sponsored by State Senator Fran Pavley, seeks to outlaw use of BPA in the state from 2011 onwards in drink and food containers aimed at children.
Specifically, the legislation would prohibit “the sale, manufacture or distribution of a bottle or cup or a liquid, food or beverage in a can, jar or plastic bottle that contains bisphenol A (BPA) if the item is primarily intended for children three years of age or younger”.
David versus Goliath
The bill was approved by the California Senate in July with a majority of 21 – the bare minimum needed for its passage. Supporters of the law have dubbed it a “David versus Goliath battle” accusing the chemical industry of mounting “an all out assault” against the bill
BPA is a chemical widely used in polycarbonate plastic baby bottles, sippy cups and the linings of some food cans. Concern among consumers and politicians over the continued use of the chemical centre on studies that show it leaches from packaging into foodstuffs – particularly after the container has been heated.
Supporters of the bill to ban the chemical say research demonstrates the substance has been linked to a range of health disorders, including the onset of early puberty, obesity, birth defects and breast cancer.
“The science on BPA clearly demonstrates cause for alarm,” said Senator Pavley. “We can’t ignore the facts when it comes to our most vulnerable citizens; we have to act now to get this toxin out of children’s food and drink.”
BPA defence
However, the chemical industry has vigorously defended the safety of BPA, pointing to a “global consensus” from the world’s food safety bodies that the chemical is safe for use in food packaging. In June, the European Food Safety Authority (EFSA) told FoodProductionDaily.com that it had no plans to review its approval for BPA. The US Food and Drug Administration has declared BPA safe but is presently conducting a review of the chemical and will announce its findings in November.
The American Chemistry Council (ACC) has also challenged the relevance of many studies that raise health concerns saying the methodology used in tests on animals means the results cannot be meaningfully applied to humans.
"ACC and its member companies that manufacture and use BPA are committed to providing the compounds and plastics that make possible a range of products that protect public health and safety,” it said in a statement. “We have and will continue to develop scientific data to inform credible, transparent scientific assessments of BPA so that the public can have the confidence it deserves in the safety of these products.”
Bans
BPA has already been banned in Canada and in a number of US states, including Minnesota and Connecticut. Pavley said at least 21 other states and municipalities have either passed or are considering bills to ban or restrict use of the chemical.
In March 2009, six baby bottle manufacturers confirmed their intention to stop using BPA in their bottles sold in the US but will continue to sell the bottles in the UK. Major retailers and manufacturers, such as Wal-Mart and Toys R Us, have promised to phase out the use of BPA in children's products.