From: KAREN ANN CULLOTTA, The New York Times
Published May 14, 2009 06:07 AM

Chicago Bans Baby Bottles With BPA Plastic

The Chicago City Council on Wednesday unanimously adopted a measure making Chicago the nation’s first city to ban the sale of baby bottles and sippy cups manufactured with a chemical that some studies have linked to disease.

Passage was driven by what officials here call federal regulators’ failure to take action on a grave public health issue.

The chemical, bisphenol-A, or BPA, is commonly employed to harden plastics, among other uses. Over time, it can leach into the contents of a plastic container, particularly one that is used in a microwave oven or cleaned in a dishwasher.

Some animal studies have found that BPA apparently accelerates puberty and poses a cancer risk, and, while the issue’s focus has been on the safety of children, the chemical has also been tied to an increased risk of heart disease and diabetes in adults. But in a draft risk assessment last year, the Food and Drug Administration said that at levels found in products on the American market, it appeared to be safe.

In October, a scientific panel of advisers to the F.D.A. condemned that conclusion, saying the agency had ignored crucial studies and used flawed methods. The agency's review of BPA studies goes on.

"The F.D.A. continues to be recalcitrant and very slow about taking any action on BPA," said Alderman Manuel Flores, one of two Chicago officials who proposed the city's ban after hearing concerns about the chemical’s potentially harmful effects in young children.

Mr. Flores's measure, adopted by the City Council on a vote of 48 to 0, is to take effect in January. It requires the signature of Mayor Richard M. Daley, who voiced support for it after the vote.

Though Chicago is the first city with such a ban, it is not the first jurisdiction. Last week Gov. Tim Pawlenty of Minnesota signed into law a statewide prohibition on baby bottles and sippy cups made with BPA, and similar bills are pending in Congress, as well as in other states. The Connecticut House passed a measure last month, and the State Senate is expected to vote on that bill this week.

They all join Suffolk County, N.Y., which adopted its own BPA bottle and cup ban two months ago.

Chicago’s ban applies to empty beverage or food containers intended for use by children under the age of 3. Alderman Edward M. Burke said the initial proposal would have banned the sale of any products made with BPA, including eyeglasses and bicycle helmets. Mr. Burke said lawmakers had scaled back the measure because of concerns about enforcement.

The American Chemistry Council and other industry groups maintain that there is little evidence that the chemical harms children. They have lobbied strenuously against any ban on BPA, which is used in many other food and liquid containers in addition to baby bottles.

Responding to Wednesday’s action here, the chemistry council said, “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.”

Dr. Ari Brown, a pediatrician and author of the parenting book “Baby 411,” said the new laws here and elsewhere reflected increasing vigilance by parents.

Noting that the National Toxicology Program of the Department of Health and Human Services had voiced some concerns about BPA, Dr. Brown added, “To me, that says we still don’t know all the environmental health risks.”

Dr. Brown pointed out that retailers like Wal-Mart and Babies R Us, as well as many leading makers of infant formula, were already selling BPA-free baby products. “I have families wondering if they should throw out their old bottles and buy the new BPA-free brands,” she said, “and I tell them, ‘Yes, that would be a good idea.’ ”

A version of this article appeared in print on May 14, 2009, on page A23 of the New York edition.