In the News

Suffolk County Votes to Ban BPA in Baby Bottles, Others Threaten Bans

Mar 6, 2009

The Suffolk County, New York, Legislature unanimously voted March 3, 2009 to ban the sale of infant and toddler beverage containers that made with bisphenol A (BPA). The Toxin Free Toddlers and Babies Act defines "children's beverage containers" as "any bottle, cup, cup lid, straw or other container intended to be used by children under the age of three (3) years old for the consumption of liquids."

The legislation, introduced by Steve Stern (D-Huntington), would impose a $500 dollar fine for the first offense and a $1,000 fine for subsequent violations. Suffolk County would be the first jurisdiction in the nation to impose to a ban on BPA. In a press release, Stern said the county should apply the precautionary principle with respect to BPA.

County Executive Steve Levy must sign the legislation for it to become law. Suffolk County Health Commissioner, Humayun Chaudhry, said on March 5 that it would be "a challenge" to enforce a ban on baby bottles containing BPA and that he would have to rely on public complaints to find stores in violation of the law, according to a Newsday.com article. The March 5 Newsday article also reported that Chaudhry has not yet made a recommendation to Levy about whether to sign the bill.

City of Chicago Threatens BPA Ban

And it doesn't stop there, the Chicago City Council passed a resolution on February 17, 2009 urging the U.S. Food and Drug Administration (FDA) to expedite its review of BPA in food-contact materials and to "take appropriate actions based on its findings." The resolution further states that if FDA does not take "appropriate action" by April 30, 2009, the City Council will pursue a pending ordinance to ban the sale of children's products that contain BPA in Chicago.

The ordinance was introduced by Aldermen Manny Flores and Edward Burke (more on the proposed ban can be found in a press release issued by Flores' office). Information on FDA's ongoing assessment of BPA, can be found in a previous PackagingLaw.com article on BPA.

BPA Voluntarily Removed From Baby Bottles

In related news, Connecticut Attorney General, Richard Blumenthal, announced March 5 that the nation's six major baby bottle companies—Avent, Disney First Years, Gerber, Dr. Brown, Playtex and Evenflow—agreed to stop using BPA in baby bottles. However, in a press release issued by his office, Blumenthal stated, "Voluntary BPA bans from baby bottles are good, but not good enough—and must lead to complete prohibition." He then called for a complete ban against BPA in baby products.

Prior to the Blumenthal announcement, the Juvenile Products Manufacturing Association had informed FDA at a January 30, 2009 meeting that all of its members had voluntarily stopped using polycarbonate in baby bottles. The association estimated that it represents at least 90% of the market.