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FDA Political Interference with BPA Science

The Milwaukee Journal-Sentinel continued its impressive BPA reporting Sunday with disturbing revelations about former FDA political appointees’ utter disregard for the agency’s career scientists. Using the Freedom of Information Act, the Journal-Sentinel uncovered e-mails showing that high-level officials went to industry lobbyists for advice about new research on bisphenol A (BPA) before asking FDA career staff.

In one instance, the U.S. Food and Drug Administration's deputy director sought information from the BPA industry's chief lobbyist to discredit a Japanese study that found it caused miscarriages in workers who were exposed to it. This was before government scientists even had a chance to review the study.

"I'd like to get information together that our chemists could look at to determine if there are problems with that data in advance of possibly reviewing the study," Mitchell Cheeseman, deputy director of the FDA's center for food safety and applied nutrition, said in an e-mail seeking advice from Steven Hentges, executive director of the trade association's BPA group.

BPA is a chemical used to make clear and rigid plastics – everything from water bottles to dental fillings to DVDs. Its ubiquity in commerce translates to pervasive levels of human exposure: it is found in the urine of 93 percent of Americans. Unfortunately for that 93 percent of us, BPA is a known endocrine disruptor. Its ability to mimic natural hormones, which operate at infinitesimally low levels, raises difficult questions about how health and safety officials might want to regulate its use.

Endocrine disruption is most dangerous at certain early stages in a person’s life – in the womb, during infancy, and during puberty – when a person is least able to comprehend and avoid dangerous levels of exposure. That is why many consumer health and environmental groups are working to ban BPA, especially in products like baby bottles.

But the science on endocrine disrupting chemicals in general, and BPA in particular, is still evolving, which is what makes FDA’s actions so troubling. High level FDA officials should not be abusing their seniority to force industry talking points on career scientists. Instead, top-level officials should be working to address the issue – by establishing inter-agency workgroups and facilitating a coordinated government-wide response to the problem. While FDA has the responsibility for regulating BPA in food containers, there are numerous other regulatory agencies that have responsibilities for keeping us safe from other exposures: CPSC for consumer products, OSHA for workplace exposures, and EPA for other environmental exposures. On top of that, there are multiple agencies that don’t have any regulatory power, but have top-notch scientists researching the risks posed by BPA – the National Toxicology Program, CDC, and NIH to name a few.

Instead of working to make all of those spinning wheels mesh, FDA political appointees spent their time throwing monkey wrenches into the regulatory process. The resulting absence of leadership at the federal level has prompted many state and local governments to take action. Their responses, much to the chagrin of chemical manufacturers, have been outright bans on BPA in certain products. Unless the federal government steps in, we’re sure to see more of these local bans.

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Matt Shudtz | May 22, 2009

FDA Political Interference with BPA Science

The Milwaukee Journal-Sentinel continued its impressive BPA reporting Sunday with disturbing revelations about former FDA political appointees’ utter disregard for the agency’s career scientists. Using the Freedom of Information Act, the Journal-Sentinel uncovered e-mails showing that high-level officials went to industry lobbyists for advice about new research on bisphenol A (BPA) before asking FDA career […]

Holly Doremus | May 20, 2009

Mountaintop mining update

This item is cross-posted by permission from Legal Planet. In March, I wrote here about EPA’s newfound boldness on mountaintop removal mining. Under current regulations, the Corps of Engineers issues permits for that practice under Clean Water Act section 404, but EPA has the authority to veto those permits. EPA, which was entirely passive on […]

Victor Flatt | May 19, 2009

On Offsets, New Waxman-Markey Bill is a Mixed Bag

On Friday, the House Energy and Commerce Committee released its anticipated Beta version of its comprehensive GHG and energy bill. Among other goals, the new discussion draft attempts to address concerns from moderate and conservative Democrats concerning the proposed cap and trade system and how it would work. The most notable change involves the free […]

Matt Shudtz | May 18, 2009

COP-4: Beyond the Dirty Dozen

On May 9, at the conclusion of the Fourth Conference of the Parties (COP-4) to the Stockholm Convention, negotiators from around the world agreed to add nine chemicals to the list of persistent organic pollutants (POPs) that are too dangerous for international trade. It was an important step toward protecting the world community from toxic […]

Ben Somberg | May 15, 2009

O’Neill Testifies on Mercury From Chlor-Alkali Plants

On Tuesday, CPR Member Scholar Catherine O’Neill testified about mercury pollution from chlor-alkali plants at a hearing of the House Energy and Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection. At least one in ten women of childbearing age in the United States has blood levels of mercury that threaten the neurological health of […]

Ben Somberg | May 14, 2009

CPR Submits Comments to White House on Science Integrity Initiative

CPR President Rena Steinzor and Policy Analyst Matt Shudtz submitted formal comments this week to the White House Office of Science and Technology Policy (OSTP) with policy recommendations for separating science from politics. Back on March 9, President Obama issued a memorandum on scientific integrity, which outlined broad principles on the subject and requested that […]

Shana Campbell Jones | May 13, 2009

Obama’s Executive Order on the Chesapeake – a First

Yesterday, as the Executive Council for the Chesapeake Bay Program held its annual meeting, President Obama issued an Executive Order on Chesapeake Bay Protection and Restoration (a first), declaring the Chesapeake Bay a national treasure and signaling that EPA will play a strong role in leading Bay cleanup. For years, federal leadership on the Bay […]

Rena Steinzor | May 13, 2009

Cass Sunstein Hits the Senate and Climate Change Hits the Media Fan

Cass Sunstein had his confirmation hearing Tuesday; it was well-attended and anti-climactic. President Obama’s nominee to head the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) testified for about an hour, and Senate approval of the nomination seems assured. Ironically, in a perfect example of timing being everything, at about […]

Rena Steinzor | May 13, 2009

Sunstein at the Helm

With his attractive family and a phalanx of top aides in tow, Professor Cass Sunstein had a cordial, 45-minute hearing before the Senate Homeland Security and Government Affairs Committee yesterday. He was introduced by former student and current Senator Amy Klobuchar (D-MN) who praised Sunstein as a teacher, mentor, and eclectic thinker, all qualities for […]