As scientific evidence mounts against bisphenol-A, a chemical used in plastic baby bottles, soup cans and other containers, many states - including Maryland - are starting to take action to limit the chemical ahead of any federal regulation.
The states are responding to some scientists, consumer groups and now even federal officials who have been sounding alarms about the chemical better known as BPA, which has been linked to developmental disabilities in children and reproductive problems in women.
Minnesota and Connecticut, Chicago and four counties in New York have banned BPA in baby bottles and sippy cups. Maryland is among 20 states that are considering legislation, according to the consumer group Maryland PIRG.
Del. James W. Hubbard, a Democrat from Prince George's County, has pushed BPA legislation in the state for years. On Friday, the House of Delegates passed a bill he sponsored by a vote of 137-0 that would prohibit manufacture, sale or distribution of BPA in baby bottles and sippy cups intended for children younger than 4. The Senate recently held a hearing and might vote as soon as today on the bill, which would take effect in 2012.
Maryland and other states took a similar tack on higher fuel efficiency standards, which eventually led to federal action.
"Ideally this would be a subject addressed at the national level, but it hasn't been," said Sen. Brian Frosh, a Montgomery County Democrat who introduced the Senate BPA bill this year. The U.S. Food and Drug Administration's change in position last month "highlights the urgency of the problem," he said.
The FDA said the chemical, used for more than four decades in hard plastic food containers and the lining of metal food and soda cans, may be passed into food and beverages, and the agency expressed "concern" about its safety.
It was a reversal of a position taken in 2008, when the FDA said toxicology research showed BPA was safe.
In response, the Interagency Task Force on Children's Environmental Health was created to coordinate more research. The National Institutes of Health was given $30 million to foster research, and results are expected in 18 months to two years.
The studies "are intended to answer key questions and clarify uncertainties of the potential risks of BPA," Joshua Sharfstein, former Baltimore health commissioner and now principal deputy commissioner of the FDA, said in January when the effort was announced.
For now, the government recommends people reduce exposure to BPA, especially in young children, considered the most vulnerable.
Maryland and the other states have focused on baby bottles and sippy cups, rather than all the products that contain BPA. Consumer groups such as Maryland PIRG do want legislatures to address broader use, but these bills target what advocates say is the worst of the tens of thousands of chemicals that may enter the human body every year and the most vulnerable population.
"This is an important step," Johanna Neumann, Maryland PIRG state director, said of the legislation. "We're looking to see Maryland join the roster this year."
Neumann pointed to a report from the Centers for Disease Control and Prevention that found 93 percent of Americans have measurable levels of BPA in their bodies and some 200 studies linking the chemical, which mimics estrogen, to harmful effects. Many people don't realize that BPA is found in hard plastic, metal can liners and even waxy store receipts, she said.
Groups including Consumers Union and the Natural Resources Defense Council are also working for changes in BPA regulation and to federal laws regulating chemicals in general.
As for BPA, the groups recommend consumers, especially pregnant women or those breastfeeding, avoid or limit plastic containers marked with a 3 or a 7 inside a triangle, along with vegetable and soda cans and some water bottles that are not made of stainless steel. Neumann said consumers should wash their hands after handling the receipts.
She and the other consumer advocates say glass can be substituted for baby bottles and other preserved-food containers. Consumers can also buy frozen bagged vegetables and boxed soups instead of canned. She said consumers can also look for products labeled BPA-free, though testing has shown some of those products still contain the chemical.
Some parents, such as Aimee Pohl, say they do their best to avoid BPA, but believe a ban is the only way for them to be sure. Pohl testified in favor of the Maryland legislation and asked lawmakers that if they could go back in time and ban lead many years earlier, before it poisoned countless children, would they do so?
In an interview after her testimony, Pohl said that to protect her 18-month-old daughter, Mirah, at home in Baltimore, the whole family uses stainless-steel cups or plastic cups that are labeled BPA-free, even though they may still contain some BPA. She's gotten rid of all of Mirah's plastic spoons and stopped putting hot liquids in plastic bowls. She no longer uses plastic containers to heat food in the microwave. She's also limited canned food.
"One reason I am especially concerned about this is that, like lead, BPA is thought to be harmful in very small amounts," she said, citing a report from the National Toxicology Program, on which the FDA's concern about BPA is based. "I hope [the legislation] passes, and think it is an important first step. I hope that it will help to educate people and put pressure on the federal government and the food industry."
Other local groups support a ban, including the Maryland PTA and the Maryland Nurses Association, which noted in Senate testimony that several manufacturers had stopped using BPA in baby products and some retailers have stopped selling them.
But the manufacturers of the containers say avoiding products with BPA is premature. The American Chemistry Council says science doesn't support banning the chemical and notes that the federal government has not done so. The council says BPA is a "key ingredient" that makes epoxy resins used in can linings durable and polycarbonate plastic strong, lightweight and resistant to shattering and heat.
The council points to advice to mothers from the U.S. Department of Health and Human Services: Discard scratched bottles, put lukewarm rather than boiling formula in them and don't microwave them. Also, if mothers use formula, they should consult their doctors before making a change.
Even so, many local governments, including Maryland's, do not want to wait for more conclusive evidence from the federal studies to take action.
The state Department of Health and Mental Hygiene plans to monitor the federal research but supports the local legislation.
"Although there is not certainty about the health effects, there is clear and compelling evidence that this is a compound that represents a hazard, particularly for a very vulnerable population," said Clifford Mitchell, the agency's assistant director for environmental health and food protection.
"BPA is widely distributed; it's practically ubiquitous and can be found in very young infants," he said. "At this point, we feel we shouldn't wait for scientific certainty because that may take a long time."
Concern mounts over BPA•Maryland and 19 other states are considering banning bisphenol-A in baby bottles and sippy cups, following Minnesota and Connecticut, Chicago and four counties in New York that already have bans in place.
•The chemical has been used for four decades in hard plastic food containers and the lining of metal food and soda cans. The FDA reversed its position last month and said it had "concern" about the safety of BPA.
•The U.S. Department of Health and Human Services recommends parents reduce their children's exposure to BPA by discarding scratched bottles and putting lukewarm rather than boiling formula in them, and not microwaving them.
•Consumer groups also advise pregnant and breast-feeding women to avoid plastic number 3 or 7 or to use glass bottles, and to buy frozen vegetables, boxes of soup and products labeled BPA-free.
Meredith Cohn