Bisphenol A ("BPA") is a common chemical used worldwide for a wide range of consumer products: it is an organic chemical used to make plastic and epoxy resins. It is has been used for more than 50 years in consumer products, primarily in packaging and containers, including baby and water bottles, canned foods, and plastic food containers. BPA is useful because it increases the heat resistance and durability of packaging, and prevents corrosion and food contamination.

The pervasiveness of BPA in consumers’ lives led various groups and agencies to examine whether BPA is safe. So far, low levels of exposure to BPA have not been linked with serious health problems, but some consumers remain wary. Because BPA is present in a variety of consumer products, it has multiple pathways into the human body. It can be inhaled, absorbed through the skin, or leached into the contents of packaged goods. In fact, it has been estimated that 93% of Americans have trace amounts of BPA in their bodies.

According to the Food and Drug Administration, however, BPA is safe in low doses. Currently, the FDA does not recommend the public avoid products containing BPA. This position is consistent with tests conducted by regulatory agencies in Europe and Japan that concluded no current health risk exists for BPA at the current exposure levels. In response to the continuing public concern, the FDA is re-evaluating its position on BPA, and is expected to make an announcement in the near future regarding BPA.

In the interim, some states and cities have introduced initiatives to ban BPA. Both Connecticut and Minnesota banned BPA in certain products in May 2009. Chicago was the first city to ban BPA in baby products in the same month. Additional bans have been proposed as pressure from consumers continues to grow.

Some non-governmental studies indicate that BPA acts as a hormone disruptor in the human body because it mimics estrogen. The specific health issues allegedly associated with high doses of BPA include infertility, neurobehavioral issues, liver damage, Type 2 diabetes, and cardiovascular disease. A recent study found men exposed to high levels of BPA had a higher risk of sexual dysfunction.

Additionally, various consumer groups, unsatisfied with current government testing, are conducting their own tests on products containing BPA. For instance, Consumer Reports recently tested a variety of canned foods to determine whether they contained BPA. In their tests, almost all of the canned foods they tested contained some level of BPA. Consumer Reports even found measureable levels of BPA in product packaging touted as BPA-free. Many groups challenged or supported Consumer Reports’ testing methodology, adding even more controversy to the question of what is a "safe" exposure level.

The current battleground between consumer groups, trade industries, and government agencies focuses on the science supporting each position. Presently, there is a lack of scientific evidence conclusively finding that low BPA exposure causes human health problems. This missing link, however, does not foreclose potential litigation. In the federal court, there are 14 consolidated actions premised on exposure to BPA. These involve claims for breach of contract, breach of warranty, and violations of consumer protection laws. As these claims wind their way through the courts, the battle over what the science to date does and does not show is expected to be intense. Whether BPA litigation continues to be limited to a relative few cases or becomes a major area of consumer lawsuits remains to be seen.

back to top | Volume 9, Issue 1 Index