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The FDA's So-Called Restrictions on BPA and Arsenic Residues: Working Hard to Protect Industry

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The U.S. Food & Drug Administration (FDA) made two moves in recent days that seemingly address consumer concerns on some hot button issues. First, it banned the use of bisphenol A (BPA) based epoxy resins in coatings for baby formula packaging. Second, it proposed a limit on how much arsenic is allowed in apple juice. Looking more closely at these decisions, however, it seems that FDA is really more interested in appeasing industry, than doing its duty to protect the public.

So what action is the FDA really taking? Due to intense consumer demand, manufacturers of infant formula packaging have already stopped using BPA. And, based on the new standard for arsenic levels, 95 percent of companies that make apple juice are already in compliance.

The FDA's BPA ban is actually an abandonment petition coming from industry stating that it is now illegal to use BPA for those specific products-but it does not say anything about the safety of BPA.

"It is a ban but it's a ban that was initiated by the industry," Dr. Michael Hansen, a senior scientist at Consumer's Union, said in a recent telephone interview. "They have not taken action on the safety of BPA even though they have been pressured to. But when industry comes in and says, 'This is no longer being sold,' that's an easy out for them because if industry didn't agree and FDA tried to ban it or take action, maybe the industry would go after them."

The FDA made a similar move last year when it banned BPA from baby bottles and sippy cups when nearly all U.S. manufacturers had already stopped using BPA for those products. The move was mainly said to be about "boosting consumer's confidence."

Both the FDA and the American Chemistry Council, an industry trade group, have said that the BPA ban is in response to marketplace demands, not due to safety concerns regarding the ubiquitous substance.    


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