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In an effort to protect children (and, to a lesser extent, adults) from toxic exposure, California has banned the use of the controversial chemical Bisphenol A (BPA) in baby bottles and sippy cups, and has eliminated certain loopholes in the existing ban on lead and cadmium in jewelry. These laws follow earlier efforts to ban chemicals potentially injurious to humans. For instance, California banned the use of phthalates (a chemical often found in children's toys) in 2009.
California's "green chemistry" initiative, in
which regulators would analyze all consumer products and chemicals
holistically to require safer alternatives, was intended in part to
curb piecemeal chemical bans like the ones passed. However, with
the green chemistry initiative mired in a continuous loop of
revisions amid intense lobbying from both environmental and
industry groups, it remains to be seen whether California will
continue to simply ban singular chemicals once the evidence against
their use becomes overwhelming.
AB 1319: Ban on BPA
in Baby Bottles and Sippy Cups
BPA is a chemical used in making plastics, and it is commonly used
in electronics, sports and medical equipment and children's
products. Between 2008 - 2010, government and private studies were
published indicating that BPA is an endocrine disruptor that causes
neurological damage, especially in children. Several countries,
including Canada and the European Union, have recently declared
that BPA is toxic and have banned or limited its use.
The California bill (named The Toxin-Free Infants and Toddlers Act,
linked here) prohibits the manufacture, distribution or sale of
baby bottles and sippy cups (cups with a valve used by children to
avoid spills) that contain BPA above 0.1 parts per billion (ppb).
The bill is intended to protect children 3 and under from BPA
exposure. The ban takes effect in 2013.
The bill specifically excludes "medical devices" and
containers "designed or intended for use by the general
population." This means that cups, bottles (including standard
water bottles) and other containers normally used by adults or
older children are not covered by the BPA ban.
In order to avoid replacing one toxic for another, the law also
requires that manufacturers use the "least toxic alternative
when replacing Bisphenol A." This means that manufacturers may
not use any other toxic chemical to replace BPA, including those
identified by California to cause cancer or reproductive harm under
Proposition 65.
SB 646: Lead and
Cadmium in Jewelry
California banned the use of lead and cadmium in jewelry in 2006.
However, the term "jewelry" had a limited definition, and
the new law expands the definition of "jewelry" to
include everything from anklets to hair accessories to tie clips,
including any "component" thereof (amended law linked
here). The ban also applies to body piercing jewelry, jewelry
"placed in the mouth" (presumably tongue rings), and any
accessory that can be removed from shoes or clothing. The amended
law also requires that the manufacturer or supplier certify
compliance with the law to any retailer, and imposes criminal
penalties for violating the ban or the certification
requirement.
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