Assembly Bill 1319

Toxin-Free Babies and Toddlers Act

AUTHOR: ASSEMBLYMEMBERBUTLER

PRINCIPAL CO-AUTHOR: SENATOR PAVLEY

Assemblymember Betsy Butler AB 1319 Fact Sheet Page 1

Summary

Millions of babies in California are being exposed daily to the harmful toxin bisphenol A (BPA). This hormone-disrupting chemical is used in some baby bottles, sippy cups, infant formula, and baby food containers. While some manufacturers have already removed this substance from their products, it is still found in many others. AB 1319 will help protect children from this dangerous chemical by restricting the use of BPA in certain baby products.

Background

Bisphenol A (BPA) was discovered to be a synthetic estrogen in the 1930s. Today it is widely used in certain kinds of plastics and epoxy resins, including those commonly found in baby bottles and used to line metal infant formula cans. Research by the Centers for Disease Control has found that 93% of Americans tested have BPA in their bodies, and children have higher levels than adults. According to the National Institutes of Health, the main way people are exposed to BPA is due to the chemical leaching from containers into food and drink. Studies by the Food and Drug Administration, Health Canada, and others have documented that BPA leaches into canned infant formula and out of polycarbonate baby bottles.

BPA is a known hormone disruptor, and studies have firmly established that infants and children are at the greatest risk of harm. The National Institutes of Health are concerned that BPA exposure in infants may lead to problems with brain development and behavior, early puberty, breast cancer and prostate cancer.

More than 10 recent human studies show that BPA is toxic at current levels of exposure, with links to heart disease, diabetes, female fertility, male fertility, polycystic ovarian syndrome, and toddler behavior.

Out of concern for children’s safety, many countries and states have banned BPA in baby bottles, including: Canada, the European Union, Connecticut, Vermont, Maryland, Washington, Minnesota, Wisconsin, Maine, and New York. Chinais also poised to ban BPA in baby bottles. Vermont and Connecticut have banned BPA in formula, and Canada is restricting the use of BPA in formula containers. In 2011, 20 states have bills to ban BPA in baby products.

Many U.S. companies have phased out BPA from their products and major retailers have removed BPA-containing products from their store shelves. BPA-free baby bottles are affordable and widely available to parents. Liquid formula is also now widely available in a variety of alternative packaging types. BPA is rarely found in powdered formula.

It is in the best interest of California to reduce infants’ and toddlers’ exposure to BPA as soon as possible. Our Green Chemistry program will not come to fruition soon enough to protect the 550,000 babies born in California each year from the health risks of BPA. Furthermore, infant formula and baby food is exempted by law from the Green Chemistry program.

Solution

AB 1319 would limit the amount of BPA allowed in baby bottles, sippy cups, infant formula and baby food. Specifically, the bill would prohibit the manufacture, sale, or distribution of the above products designed for children 3 and younger that contain more than 0.1 parts per billion (ppb) of BPA. The bill would not affect any other consumer products.
Previous Governmental Action

  • In March 2010, the Food and Drug Administration (FDA) announced that the agency “shares the perspective of the National Toxicology Program that recent studies provide reason for some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children.”
  • The FDA states on its website that it is “supporting the industry’s actions to stop producing BPA-containing bottles and infant feeding cups for the U.S. market,” and “facilitating the development of alternatives to BPA for the linings of infant formula cans.” AB 1319 ensures that these changes will happen in California in a timely fashion.
  • In March 2010 the Environmental Protection Agency announced that it “share[s] FDA’s concern about the potential health impacts from BPA.”
  • In November 2010, the European Union announced that it would ban the manufacture and import of baby bottles containing BPA from June 2011.
  • In March 2011, China announced a proposed ban on BPA in baby bottles.
  • In April 2008, Canada declared BPA to be a toxic substance. In October 2008 Canada announced a ban on BPA in baby bottles and restrictions on use in infant formula cans.
  • In 2007, a panel of 38 scientists convened by the US National Institutes of Health concluded that there is “great cause for concern” about BPA’s impacts to human health at everyday levels of exposure.
  • The President’s Cancer Panel, appointed by former President Bush, stated in their 2010 report that the “burden of environmentally induced cancer has been grossly underestimated…. One such ubiquitous chemical, bisphenol A (BPA), is still found in many consumer products and remains unregulated in the United States, despite the growing link between BPA and several diseases, including various cancers.”
Companies Phasing Out BPA
  • U.S. manufacturers and retailers phasing out BPA-containing baby bottles: Avent, Born Free, Disney First Years, Evenflo, Gerber, Handi-Craft, Munchkin, Playtex, Think Baby. CVS, Kmart, Safeway, Sears, Toys ‘R Us, Wal-Mart, Wegmans Foods, Whole Foods.
  • BPA is virtually never found in powdered formula, according to FDA and Health Canada tests.
  • Liquid formula is now widely available in a variety of alternative packaging types, including plastic bottles and glass jars that contain little or no BPA.
  • Connecticut Senator Beth Bye has formally indicated that at least one formula company can comply with their new state law mandating no BPA in infant formula containers sold in the state.
  • Abbott/Similac and Nestlé-Gerber have publicly stated they are committed to making all food and formula packaging BPA-free as soon as possible.
  • In 2009, Abbott/Similac stated that “91 percent of our infant formula product line is ‘BPA free.’” In 2008 Gerber announced that it“offers a choice of pureed baby food products that are available in plastic containers made from non-polycarbonate plastic and are BPA-free.”
For More Information

Assemblymember Butler: 916-319-2053

EWG Contact: Bill Allayaud 916-333-0566

PSR-LA: Martha Arguello 213-689-9170

Votes

4/26/11Asm.ESTM Committee 6 to 2

5/3/11 Asm. Health Committee 12 to 7

5/23/11 Asm. Floor 42 to 29

Support For AB 1319

US Senator Dianne Feinstein

Environmental Working Group (sponsor)

Physicians for Social Responsibility –

Los Angeles(sponsor)

Black Women for Wellness (sponsor)

Consumers Union, publishers of Consumer Reports (sponsor)

Alliance of California Autism Organizations

AmericanAcademy of Pediatrics

American Congress of Obstetricians and Gynecologists (ACOG)

Asian Communities for Reproductive Justice

Autism One

Autism Research Institute

Breast Cancer Fund

California League of Conservation Voters

California Medical Association

California Nurses Association

California WIC Association

Center For Environmental Health

CHANGE (Californians for a Healthy & Green Economy

Children Now

Clear Water Action

Commonweal

County of Santa Clara Board of Supervisors

County of Solano Board of Supervisors

EcoMom Alliance

Environment California

First 5 LA

Food & Water Watch

Green to Grow

Great Beginnings for Black Babies

Healthy Child Healthy World

Making Our Milk Safe (MOMS)

Moms Advocating Sustainability

Mothers of Marin Against the Spray

Natural Resource Defense Council

Reproductive Justice Coalition

Reproductive Justice Association of L.A.

SF Environment

Sierra Club of California

Silicon Valley Toxics Coalition

St. John’s Well Child and FamilyCenter

Teens Turning Green

US Autism & Asperger Association

Assemblymember Betsy Butler AB 1319 Fact Sheet Page 1