Congress and the U.S. Food and Drug Administration (FDA) have begun to further explore the dangers posed by bisphenol A (BPA) and whether to regulate its use, especially in food and beverage containers. BPA is an industrial chemical used to make hard plastic containers, such as baby bottles, and is part of the lining of food cans, where it is used to prevent metal from leaching into foods. Congress recently held a hearing and is considering legislation to limit the use of BPA. The FDA is assessing the toxicity of the chemical to help determine the risk to consumers.

In April, the National Toxicology Program (NTP), part of the U.S. Department of Health and Human Services, and Canada's health ministry, Health Canada, released the results of studies on the toxicity of BPA to various subpopulations. According to Health Canada's press release announcing the results, "Canada is the first country in the world to complete a risk assessment of bisphenol A in consultation with industry and other stakeholders, and to initiate a 60 day public comment period on whether to ban the importation, sale and advertising of polycarbonate baby bottles which contain bisphenol A."

NTP's brief on the effects of BPA concluded that there was "some concern" about neurological effects on infants and children from low levels of exposure. A peer review of the draft brief by a science panel concurred with NTP's concerns for all but one subpopulation, according to a June 12 BNA article (subscription) describing the results of the peer review. The review panel said there was sufficient evidence to support NTP's conclusions about the danger BPA poses to infants and children.

On June 6, FDA's lead scientist asked the agency's science board to convene a subcommittee to study the effects of BPA. That group is expected to report its conclusions in the fall of this year. The science board will also review the scientific literature from around the world to help better understand the implications of exposure to BPA.

On June 10, at a hearing by a subcommittee of the House Committee on Energy and Commerce, FDA's Associate Commissioner for Science, Norris Alderson, testified, saying, "A large body of available evidence indicates that food contact materials containing BPA currently on the market are safe, and that exposure levels to BPA from these materials, including exposure to infants and children, are below those that may cause health effects." Alderson said that if the FDA's science board concludes that BPA is not safe, the agency would consider regulating its use. The likely result of this process, however, is that FDA will not act to regulate or ban BPA in the near future.

Other witnesses at the hearing disagreed about whether BPA and phthalates, another class of chemicals used in children's toys and other products, should be regulated. According to a June 11 article in BNA (subscription), the American Chemistry Council witness said there is no need for concern about these two chemical substances and that "the scientific evidence supports the continued use" of them. Witnesses from public health organizations, however, argued that there is enough evidence for Congress to regulate these chemicals.

Manufacturers and retailers have already started reducing or eliminating the use of the chemicals. For example, after NTP and Health Canada released their studies in April, several companies began to voluntarily remove products that contain BPA. According to an April 19 Washington Post article, Wal-Mart Canada began to pull baby products containing BPA from store shelves, and Nalgene, the manufacturer of plastic water bottles, planned to discontinue production of bottles with BPA. Since that time, other manufacturers and retailers have begun to phase out various products.

Rep. Edward Markey (D-MA) introduced a bill June 10, H.R. 6228, which would amend the Federal Food, Drug, and Cosmetic Act and ban completely the use of BPA in food and beverage containers. It has been referred to the House Committee on Energy and Commerce.