How safe is Bisphenol A?

Bisphenol A, or BPA for short, is a substance used in the manufacture of polycarbonate plastic found in everyday items such as reusable drinking bottles, infant feeding bottles and storage containers. It is also in the lining of some food and drinks cans and is used as a dental sealant. It is even present in cash register receipts.

But there are increasing concerns that even very low doses of the chemical, which is a synthetic oestrogen, could pose serious health and developmental risks, especially to children. Some human epidemiological studies have suggested associations between exposure to BPA and coronary heart disease and reproductive disorders, for example.

Hormone interaction
BPA is an endocrine disruptor, meaning that it can interact with our hormone systems, and following laboratory tests on animals it has also been linked to breast cancer, prostate cancer, hyperactivity and behavioural problems.

Yet, because many regulators believe the scientific evidence is not strong enough to ban BPA, the substance is still used in a wide range of different products.

Following a detailed and comprehensive review of recent scientific literature and studies on the toxicity of BPA at low doses, scientists on the European Food Safety Authority’s (EFSA) panel recently concluded they could not identify any new evidence which would lead them to revise the current Tolerable Daily Intake level for BPA. The Panel also stated that the data currently available does not provide convincing evidence of the neurobehavioural toxicity of BPA.

Food safety risk
EFSA's review follows action taken by the Danish Government to ban BPA in materials that come into direct contact with food for children aged three and under. Similarly, France outlawed the use of the substance in polycarbonate baby bottles earlier this year, and recently confirmed that it would be maintaining its BPA ban despite the EFSA announcement. The UK Food Standards Agency, on the other hand, believes the current level of consumer exposure to BPA from materials that come into direct contact with food does not represent a food safety risk.

A similarly confusing picture exists in North America. Last month Canada declared BPA a toxic chemical, which could lead to an outright ban on its use. But in the US, where one billion kilos of the substance is used annually, the Food & Drug Administration has taken a wait and see approach. The FDA’s National Center for Toxicological Research says it is carrying out studies to help it clarify uncertainties about the risks of BPA. In the interim it says it is “taking reasonable steps to reduce human exposure to BPA in the food supply”.

In practice the FDA is supporting the industry in its efforts to stop producing baby bottles containing BPA and helping in the development of BPA alternatives, for example. Several individual states have acted independently, however, and banned the use of BPA in mostly infant and other products.

Patchwork regulation
BPA is a hot topic in the product liability area at the moment and authorities are grappling with it like they are with other perceived safety issues - for example with nano-materials or genetically modified foods, according to product liability lawyer Rod Freeman of international law firm Hogan Lovells.

“Where there is patchwork regulation, such as in the States, it makes life difficult for product manufacturers from a business perspective and from a risk perspective. It raises the stakes somewhat,” he says.

As with any product with perceived safety issues, there are two big risks, Freeman explains. One scenario is that authorities declare the product to be unsafe and it has to be recalled. Another is that evidence eventually arises that shows a particular disease is caused by a particular product and the manufacturer faces mass law suits from consumers. 

“The scientific evidence around BPA is seen by some as ambiguous and regulators have been divided over what to do about it. Generally they are looking at the science and being careful not to make knee-jerk reactions,” Freeman told lloyds.com. “But such concerns are always a challenge for product manufacturers who have a responsibility to keep abreast of developing science and respond to new evidence.”