Yesterday, the U.S. Food and Drug Administration (FDA) announced that it would amend an existing food additive regulation to prohibit the use of Bisphenol A (BPA) in “infant feeding bottles (baby bottles) and spill-proof cups, including their closures and lids, designed to help train babies and toddlers to drink from cups (sippy cups).” BPA, a chemical commonly added to polycarbonate resins (a fancy word for plastics), continues to raise concerns over its low-dose, endocrine-disrupting health effects. Despite these health and safety concerns, the FDA’s decision to ban BPA in these limited items responds to a petition from the American Chemistry Council (ACC), which cites abandonment as the reason for the regulation amendment—not safety.
The good news about FDA’s BPA ban: FDA finally took an affirmative step toward protecting some of the public from BPA. The bad news: the step is a meager one that establishes little more protection than state legislatures and grass-roots campaigns have already achieved through state bans and market pressures. FDA, in other words, permanently banned BPA from products that already have removed it.
As I explained in a previous blog posting concerning CPR Member Scholar Noah Sach’s and my comments on the ACC’s petition and in CPR’s previous white paper on BPA regulatory options, FDA can take much larger and more meaningful steps to protect the public. These steps begin with recognizing the safety and health risks associated with BPA and include implementing broader bans without regard to age and use limitations and mandating BPA labeling requirements.
We are not alone with these ideas. According to the FDA, of the six comments received concerning the ACC’s petition, five raised the issue of BPA’s safety either exclusively or in combination with other points. FDA deemed these safety concerns to be outside the scope of the abandonment petition and continues to assert that it is in the process of evaluating BPA’s safety. Meanwhile, scientists outside of the FDA seem to encounter fewer delays in evaluating BPA and other endocrine-disrupting chemicals’ health risks and concluding that something needs to be done.
The FDA was responding to a particular petition in this instance, but the time has come for the agency to utilize its independent authority to recognize the safety issues associated with BPA, construct meaningful protections, and go beyond baby steps.
Showing 2,829 results
Aimee Simpson | July 18, 2012
Yesterday, the U.S. Food and Drug Administration (FDA) announced that it would amend an existing food additive regulation to prohibit the use of Bisphenol A (BPA) in “infant feeding bottles (baby bottles) and spill-proof cups, including their closures and lids, designed to help train babies and toddlers to drink from cups (sippy cups).” BPA, a […]
Ben Somberg | July 18, 2012
The White House’s message on its program for retrospectively reviewing existing regulations just shifted a little further away from recognizing the need for protective regulations for health, safety, and the environment. First the White House said it was interested in “expanding” certain existing regulations, if appropriate. Then it said it was interested in hearing ideas […]
Daniel Farber | July 17, 2012
Cross-posted from Legal Planet. In some situations, voluntary efforts leads other people to join in, whereas in others, it encourages them to hold back. There’s a similar issue about climate mitigation efforts at the national, regional, or state level. Do these efforts really move the ball forward? Or are they counterproductive, because other places increase their […]
Alexandra Klass | July 13, 2012
In a CPRBlog post in May 2011, I discussed the lawsuits filed on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change. The suits were filed by Our […]
Lee Ewing | July 12, 2012
In a case that could have far reaching implications for agencies subject to the Regulatory Flexibility Act, the D.C. Circuit Court last month held that an EPA decision not to convene a small business advocacy review panel before issuing a rule was not judicially reviewable. The decision by Judge Merrick Garland, for a unanimous 3-judge […]
Catherine O'Neill | July 11, 2012
When environmental agencies set standards limiting toxic pollution in our waters, they theoretically aim to protect people who are exposed to these toxics by eating fish. Currently, Washington state’s water quality standards protect only those who consume no more than one fish meal per month. That means that those of us who eat more fish […]
Daniel Farber | July 9, 2012
Cross-posted from Legal Planet. The Romney website portrays regulation as a huge drag on the economy. But it can’t decide who’s to blame. Is it all Obama’s fault? Or not just Obama, but a whole succession of Presidents, many of them presumably Republicans? Or is it bureaucrats who have overpowered all of these Presidents? The […]
Nicholas Vidargas | July 5, 2012
Around the nation, a huge number of facilities produce, store, handle, and process a toxic mix of hazardous chemicals every day. According to EPA data, 483 of those facilities put 100,000 people or more at risk of a chemical disaster. Worse, because facility siting decisions have historically been, and continue to be, deaf to impacts […]
Daniel Farber | July 3, 2012
Cross-posted from Legal Planet. It got less attention than it should because it was upstaged by the Supreme Court’s healthcare decision, but last week’s D.C. Circuit ruling on climate change was almost as important in its own way. By upholding EPA’s regulations, the court validated the federal government’s main effort to control greenhouse gases. To […]