As part of a wave of states across the country that are demonstrating leadership in addressing toxins in consumer products, the State of Maine's Board of Environmental Protection voted last month to expand existing legislation to ban the chemical Bisphenol A (BPA) in baby food packaging. BPA, a component of an epoxy resin in the seal on baby food container lids, leaches into the stored food. It poses a concern because of the hormone mimicking and disruption effects that the chemical has on the human body. Young children are the most susceptible because their bodies are still developing; a recent study suggests a link between BPA levels and childhood obesity.

Pure Strategies' senior scientist, Ken Soltys, provided expert testimony in Augusta, Maine, at the Board's BPA hearing in September (2011). This recommendation to Maine lawmakers builds on existing 2011 law that banned BPA in reusable food packaging containers, and is a part of an ongoing trend of state governments taking a stand on reducing toxic chemicals in products.

The FDA

While the FDA has recognized that BPA is a concern and supports the development of alternatives, the science is conflicted by variations in results from independent researchers and industry-funded studies. Challenging traditional toxicological methods,endocrine disrupting chemicals like BPA have effects at low doses that are not predicted by the effects at higher doses.

The FDA first approved BPA for use in the 1960s, declared it safe in 2008. Widely used in plastics and present in canned food containers, concern about possible health risks from BPA was expressed in 2010. The U.S. Centers for Disease Control and Prevention has found that 93 percent of Americans have detectable levels of BPA in their bodies.

FDA must undertake a “lengthy process of rulemaking" in order to remove BPA as an approved chemical for food contact use. The only FDA regulation banning BPA with food contact covers baby bottles and children's drinking cups. This ban was in response to an American Chemistry Council request for the restriction and occurred only after an industry-wide voluntary removal was established.

Leadership from States

Notable and progressive efforts to address chemical toxicity in consumer products are coming from state initiatives, as BPA has been banned in 11 US States and efforts to minimize exposure and find viable alternatives are underway.

The Interstate Chemicals Clearinghouse (IC2). State Agencies from California, Connecticut, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon and Washington have been developing Alternatives Assessment Guidance designed to help companies find less toxic substitutes for chemicals of concern. The guidance is intended to prevent substituting a chemical that is equally or more toxic then the original chemical by using the best available scientific literature to identify the viability of substitutions.

California Green Chemistry Initiative. This program was established to reduce pollution at the point of origin by reducing the use of toxic chemicals in manufacturing. The initiative focuses on the use of chemicals of concern in products to be sold in California with the end goal of determining whether less-toxic chemicals could be substituted in their place. This initiative originated from two State companion bills (Assembly Bill 1879 and Senate Bill 509).

Two other notable programs: EPA's Design for the Environment and their BPA Alternatives in Thermal Paper Partnership, have been actively looking for viable substitutions for BPA. Additionally, Clean Production Action provides guidance through their Greenscreen framework, helping to guide companies to safer chemicals in products.