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FDA Regulations No Longer Authorize the Use of BPA in Infant Formula Packaging Based on Abandonment; Decision Not Based on Safety

CFSAN Constituent Update

July 11, 2013

The U.S. Food and Drug Administration (FDA) will publish a final rule amending the food additive regulations to no longer provide for the use of bisphenol A (BPA)-based epoxy resins as coatings in infant formula packaging because this use has been abandoned. FDA’s action is based solely on a determination of abandonment and is not related to the safety of BPA. The agency’s current safety review supports the safety of BPA for use in the manufacture of food contact articles as authorized in the food additive regulations.

FDA’s action was the result of a food additive petition submitted by Representative Edward Markey of Massachusetts, which asserted that industry has abandoned the use of BPA in the manufacture of infant formula packaging and requested that FDA amend the existing food additive regulations to no longer provide for this use of BPA to reflect the change in industry practice.

The final rule amends 21 CFR 175.300 to no longer provide for the use of BPA-based epoxy resins as coatings in infant formula packaging. This rule is effective July 12, 2013. Interested parties may submit objections and requests for a hearing within 30 days of the rule's effective date.

Page Last Updated: 01/27/2017
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