Six major manufacturers of baby bottles composed, in part, of the controversial plastics chemical bisphenol A (BPA) agreed last week to stop selling BPA-containing baby bottles in the United States. The decision by Avent America, Dr. Brown, Disney First Years, Evenflo, Gerber, and Playtex was in response to a recent letter from the state attorneys general of New Jersey and Connecticut requesting the companies remove baby bottles containing BPA from the market.  The letter is indicative of the growing frequency in which state attorneys general become involved in matters related to public safety and consumer products, even when the issue is under consideration by a federal agency, such as the US Food and Drug Administration (FDA). 

Currently, FDA permits BPA to be used as a component in the manufacture of food contact materials that are used to produce such items as plastic baby bottles and food containers. An independent FDA Advisory Panel, however, ruled in October 2008 that the agency’s position on BPA should be reconsidered. FDA is currently in the process of evaluating new information on the health effects of BPA and plans to conduct additional research to address the low dose effects of BPA in humans.  

In the meantime, Connecticut Attorney General Richard Blumenthal is enlisting the support of other state attorneys general to expand the BPA product ban to include infant formula cans, and all food and beverage containers.  In April 2008, Canada became the first country to ban the use of BPA in baby bottles. 

For more information, please contact:

Georgia Ravitz
ravitz.georgia@arentfox.com
202.857.8939

James R. Ravitz
ravitz.james@arentfox.com
202.857.8903

Amy S. Colvin
colvin.amy@arentfox.com
202.857.6338

James H. Hartten
hartten.james@arentfox.com
202.857.8983