Is California's BPA Ban the Tipping Point?

In a dramatic moment last week, the California State Assembly passed a bill which would ban Bisphenol-A (BPA) from food and drink containers intended for children 3 and younger. The bill, which did not have enough votes earlier in the week, was passed by a 43-31 margin and will now move to the Senate for amendments to be approved. It will then go to Governor Schwarzenegger's desk.

BPA bans have been passed into law in six states: Connecticut, Washington, Maryland, Wisconsin, Minnesota and Vermont.

But the laws that are now pending — in New York and California — may be the tipping point which makes the chemical industry remove BPA from children's products for good.

According to US Census population projections for 2009, the current state bans cover approximately 9% of all Americans. However, bans in New York and California, two of our most populous states, could push the ban coverage to a whopping 27%.

And if the chemical industry has to create a plastics solution for 27% of the country, it may be more financially feasible for them to just create a consistent, BPA-free product for the entire country. The chemical industry was highly aware of the effect of a California ban on plastics production. According to the San Francisco Chronicle, the industry spent $5 million trying to defeat the BPA ban.

An article in Plastics Today titled "Eight days that could change the course of BPA regulation in the US" author Tony Deligio says that the votes in New York and California are "potentially devastating legislative blows." Plastics Today is an industry publication which covers news for plastics manufacturers.

"The question now is with two of the three most-populous states in the U.S. moving close to outright BPA bans, will the chemical be outlawed on a de facto basis by companies that won't be interested in making one bottle for New York and California and another for the rest of the U.S.?"
Plastics Today, July 7, 2010.

BPA is a ubiquitous chemical that is known to cause health effects including impaired brain and reproductive development in unborn babies, miscarriage in pregnant women, diabetes, obesity and cancer. It is of particular concern in children, as it is an endocrine disruptor and has been linked to behavioral impacts and problems with development.

Of course, we can't afford to rest until BPA is out of the lives of vulnerable populations around the nation. However, change is happening quickly. While federal organizations — the FDA, the EPA, and Congress — continue to spin their wheels to figure out how to regulate BPA and other toxic chemicals, the states are stepping in and making the bans happen.

And, as the past couple weeks have shown, enough states gathered together can make all the difference in the world.

Further Reading
CA Assembly votes to remove BPA from infant food and drink containers. Physicians for Social Responsibility, 07/01/10.
CA Assembly Approves Bill to Remove Toxic Bisphenol A from Infant Food Packaging. Breast Cancer Fund, 07/01/10.
CA House Votes BPA Ban in Kids' Food Wares. Environmental Working Group, 07/01/10.