NRDC Doggedly Pursues Action on BPA

By Ricardo Carvajal –

In June, we reported that the DC Circuit Court of Appeals decided it lacked exclusive jurisdiction over a Natural Resources Defense Council (“NRDC”) citizen petition seeking FDA action against BPA.  Undeterred, NRDC has now filed its complaint in district court.  The complaint catalogues numerous risks allegedly posed by BPA, contends that food is the principal rout of exposure for most people, and contends that FDA underestimates BPA exposure resulting from consumption of canned food.  The complaint further alleges that "consumers trying to protect themselves and their families from BPA exposure are unable to do so because food packaging and containers made with the chemical are rarely so labeled" – an allegation that appears to take no notice of the healthy market for products bearing "BPA-free" claims.  The complaint asks the court to compel FDA to issue a substantive respond to NRDC's petition by a fixed date.