The National Resources Defense Counsel filed suit on Tuesday in the U.S. Court of Appeals for the D.C. Circuit against the U.S. Food and Drug Administration, alleging that the FDA has failed to regulate bisphenol A, a chemical linked to reproductive harm, cancer and obesity. Bisphenol A, or BPA, was first developed as a synthetic form of estrogen in the 1930s but was later transformed into a plastic, which is used today in food containers. BPA is found in numerous products that can be used on a daily basis, from soda and beer cans to baby bottles, sippy cups, and water bottles. Researchers believe that when heated, BPA can leak into the containers contents.
Studies have found that BPA can cause early puberty and reproductive harms, suppress immune function, and cause cancer, neurological delays and diabetes. Detected in urine, amniotic fluid, breast milk and umbilical cord blood, the chemical is so common that the NRDC says more than 93 percent of the general population has some BPA in their bodies.
In October 2008, the NRDC filed a petition to block food and beverage packers from further use of BPA; however, the FDA did not respond within the 90 days required by law. By filing the lawsuit, the NRDC hopes to force the agency to act on the 20 month old request to bar the controversial chemical from food packaging. BPA has previously been banned in Canada and Europe.
An FDA spokesman has stated that the agency does not comment on pending litigation.
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