Recent findings indicate a consultant to a federal reproductive health sciences panel also has industry ties, creating a conflict of interest. The controversy raises concerns about scientific integrity in the federal regulatory process, as well as contractor transparency and responsibility.

In 1998, the National Institutes of Health (NIH) established the Center for the Evaluation of Risks to Human Reproduction (CERHR). NIH intended CERHR to study the ways in which substances present in our environment affect reproductive and developmental health. NIH intended CERHR to use panels of independent scientists to evaluate the risks and hazards of potentially toxic chemicals. One of CERHR's intended audiences is the regulatory agencies ultimately responsible for making decisions on behalf of the public.

A recent investigation by the Environmental Working Group (EWG), a Washington-based public interest organization, found CERHR is largely managed by Sciences International, Inc. (SI). SI is a private consulting firm with financial ties to the chemical and tobacco industries, according to EWG.

CERHR and SI have maintained a relationship since 1998. SI's website states, "The most significant project at our firm is the management of the National Toxicology Program's Center for the Evaluation of Risks to Human Reproduction, one of the premiere institutions for evaluation of reproductive and developmental health issues." According to FedSpending.org, a federal contracts and grants database maintained by OMB Watch, the SI contract exceeded $1 million for each of the fiscal years 2005 and 2006.

The findings come as CERHR prepares to evaluate the effects of bisphenol A (BPA) on reproductive health. BPA is a chemical commonly present in hard plastics and has been found to be toxic to animals in low doses. The findings of the panel, which meets from Mar. 5 through Mar. 7, will likely be used by regulators and policy makers to make decisions affecting rules on BPA exposure.

SI prepared the 300-page briefing document on the risks of BPA that the panel is using. The conflict of interest arises as "the lead SI manager of CERHR co-authored a scientific paper with an employee of Dow Chemical Company on the critical issue of how animal test results can be applied to human health risk. Dow is a major producer of BPA," EWG asserts. The document exhibits industry bias by under-reporting studies which indicate the toxicity of BPA.

The controversy recently caught the attention of at least two legislators. Sen. Barbara Boxer (D-CA) and Rep. Henry Waxman (D-CA), in a letter dated Feb. 28, asked the Director of the National Institute of Environmental Health Sciences, of which CERHR is a part, to brief the lawmakers on the issue before the panel meeting. Boxer and Waxman expressed concern "about potential conflicts of interest that may be raised if a contractor plays a role in determining who will sit on the Center's committees that assess the reproductive and developmental risks of environmental agents." The request was not fulfilled.

SI's involvement raises concern about contractor responsibility and disclosure. Despite an almost symbiotic relationship and a large contract, in the absence of both federal and CERHR rules, SI's consulting status precludes it from any conflict of interest disclosure.

As OMB Watch has reported, Sen. Byron Dorgan (D-ND) has introduced the Honest Leadership and Accountability in Contracting Act. The proposed legislation contains provisions intended to reduce conflicts of interest in federal contracting.

However, the relationship between CERHR and SI continues. In Monday's session, the CERHR panel announced SI would not be in attendance for those meetings. Jovanna Ruzicic, an EWG spokeswoman, called the decision a "meaningless face-saving gesture." She points out SI was already a major participant in the drafting of the briefing document on which the panel will base its findings. EWG is urging CERHR postpone the panel until SI discloses all of its professional relationships to the public and can guarantee impartiality.