In 2010, New York enacted (Chapter 280 of 2010) the “bisphenol A free children and babies act,” a common-sense law that prohibits the use of bisphenol A (BPA) in products intended for children three years of age and younger. This bill expands that law to include BPA substitutes that have shown to be just as dangerous, if not more so, than BPA.
BPA is a known estrogen-mimicking endocrine disruptor, which is linked to heart disease, Type-2 diabetes, immune system disruption, brain deterioration, cancer and obesity, and has a particularly strong impact on children due to their reduced capacity to metabolize the toxic chemical. A 2017 study in the journal, Toxicological Sciences, found that substitute chemicals to BPA were actually more potent than BPA in impacting estrogen receptors.
The increased use of BPA substitutes has led to increased detections of substitutes in human bodies. According to a study in the Journal of Chromatography B, two alternatives to BPA, BPS and BPF, were found to be present in 78% and 55%, respectively, in human urine samples in the United States.
The latest science on BPA substitutes highlights the need for replacement chemicals to be rigorously tested prior to introduction to the market to ensure that they are safer than the chemical they are replacing. Given the latest science indicating the high toxicity of replacement chemicals to BPA, banning these substitutes in children’s products is critical to protect New York’s children and environment.
This bill amends Environmental Conservation Law by expanding the current BPA prohibition to include BPA substitutes. This bill prohibits the sale of certain toys, food and beverage containers, and other products containing bisphenol intended for use by children under three years of age. The bill also establishes penalties for violation of these provisions.