CHICAGO — Outraged by what officials here are calling a failure by federal regulators to take action on a grave public health issue, Chicago passed the nation's first municipal ban on the sale of baby bottles and cups that contain the chemical bisphenol-A, known as BPA.
The ban, which was passed unanimously Wednesday by the Chicago City Council, will take effect in January 2010. It comes less than a week after Minnesota's governor signed a similar statewide ban into law. Connecticut's House of Representatives also passed such a measure last month; the State Senate is expected to vote on that bill later this week.
"The F.D.A. continues to be recalcitrant and very slow about taking any action on BPA," said Chicago Alderman Manuel Flores, one of two city officials who proposed the ban last year, after hearing concerns about the potentially harmful effects of the chemical to young children.
The American Chemistry Council and other industry groups have said there is little evidence that the chemical harms children, and have lobbied fiercely against any bans. Regulators at the Food and Drug Administration have also said that small amounts of the chemical found in baby bottles are not dangerous. In 2008, environmental and other advocacy groups criticized the agency for ignoring studies that linked BPA to medical problems, including neurological disorders, and breast and prostate cancer when tested on laboratory animals.
The chemistry council responded to the new Chicago law on Thursday with a written statement: "This new Chicago law is contrary to the global consensus on the safety of BPA and ignores the expert evaluations of scientists and government bodies from around the world. These particular restrictions on the sale of baby bottles and sippy cups, intended for use by children under the age of three and which contain bisphenol A (BPA), are unwarranted."
Many food and liquid containers are made with BPA, a chemical used to harden plastics, keep bacteria from contaminating foods, and prevent cans from rusting. Edward M. Burke, another Chicago alderman, said the initial proposal would have banned the sale of any products made with BPA, which would have included eyeglasses and bicycle helmets. But he said lawmakers scaled back the measure because of concerns about enforcing it.
"If a retailer is charged with violating the ordinance, they will first get a warning that they're in non-compliance," he said, adding, "Our goal is to achieve enforcement, not to be punitive, but we will suspend a license," if a retailer fails to comply.
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