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The Fabulous Destiny of Bisphenol A (BPA)

Published online by Cambridge University Press:  20 January 2017

Alberto Alemanno*
Affiliation:
HEC Paris, France

Abstract

This section aims at updating readers on the latest developments of risk-related aspects of food law at EU level, giving information on legislation and case law on various matters, such as food safety, new diseases, animal health and welfare and food labelling.

Type
Reports
Copyright
Copyright © Cambridge University Press 2010

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References

1 NewScientist, 25 October 2010.

2 The New Yorker, 31 May 2010.3

3 Canada became the first country in the world to declare BPA to be a toxic substance that poses risks to human health and the environment. The chemical has been added Schedule 1 of the Canadian Environmental Protection Act, 1999 on October 2010.

4 Connecticut, Minnesota, Washington, Wisconsin, Vermont, Maryland, and New York have passed legislation banning or limiting the use of BPA, primarily in products used by infants. Connecticut and Vermont have adopted the strictest bans to date, with the Vermont ban applying to sports bottles, thermoses, and metal cans (starting in July 2014) and the Connecticut ban applying to baby food cans and containers. Individual municipalities are also moving ahead with regulations. The City of Chicago passed an ordinance in May 2009 that will ban reusable food or drink containers intended for children under three that contain BPA, and four counties in New York (Albany, Rockland, Schenectady, and Suffolk) have instituted BPA bans.

5 Since 1 July 2010 it is illegal to sell infant feeding bottles, feeding cups and packaging for baby food containing BPA in Denmark. Rory Harrington, “Denmark Bans Bisphenol A in Food Packaging for Young Children”, Foodproductiondaily.com, 30 March 2010, available on the Internet at <http://www.foodproductiondaily.com/Quality-Safety/Denmark-bansbisphenol-A-in-food-packaging-foryoung-children>.

6 European Plastics News, “France Bans Bisphenol A in Baby Bottles”, PlasticsNews.com, 25 June 2010, available on the Internet at <http://plasticsnews.com/headlines2.html?id=18989>.

7 U.S. EPA, “Bisphenol A (BPA) Action Plan,” 29 March 2010, available on the Internet at <http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/bpa_action_plan.pdf>; U.S. EPA, “EPA to Scrutinize Environmental Impact of BPA,” press release, 29 March 2010, available on the Internet at <http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/78110048d7f696d1852576f50054241a!OpenDocument>.

8 In September 2008 the European Commission asked EFSA to assess the conclusions of a study by Lang et al. published in the Journal of the American Medical Association (JAMA, 16 September 2008) that suggested a link between raised levels of urinary BPA to increased occurrence of serious medical conditions, including heart disease and diabetes.

9 On 15 October 2009, EFSA received a request from the European Commission to assess the relevance of a new study on possible neurodevelopmental effects of BPA and, if necessary, to update the existing TDI accordingly. The study in question was commissioned by the American Chemistry Council to address safety concerns raised by the Canadian government, which has introduced legislation to ban the use of polycarbonate in baby feeding bottles. EFSA aims to complete its evaluation by May 2010, in line with the deadline set by the Commission.

10 On 8 March 2010 EFSA received a further related request from the European Commission to also take into account in its risk assessment any other new scientific evidence that may be available and to liaise closely with EU Member States risk assessment bodies on this issue. On 26 March 2010 EFSA held a meeting with national experts on BPA from EU Member States, as well as members of EFSA's scientific Panel on food contact materials, enzymes, flavourings and processing aids (CEF Panel) and representatives of the European Commission.

12 EFSA, in its original opinion, established a full Tolerable Daily Intake (TDI) of 0.05 mg BPA/kg body weight. The TDI is an estimate of the amount of a substance, expressed on a body weight basis that can be ingested daily over a lifetime without appreciable risk. EFSA found that intakes of BPA through food and drink were well below the TDI, even for infants and children.

13 Elana Schor, “Sen. Feinstein Vows Senate Vote on BPA Measure”, Greenwire as published in the New York Times, 13 August 2010, available on the Internet at <http://www.nytimes.com/gwire/2010/08/13/13greenwire-sen-einsteinvows-senate-voteon-bpa-measure-55451.html>; “S. 510: FDA Food Safety Modernization Act”, available on the Internet at <http://www.govtrack.us/congress/bill.xpd?bill=s111-510> (last accessed 16 September 2010).