The Dangers of BPA: Exposure, Regulation, and Lawsuits

Despite growing health concerns and lawsuits, manufacturers continue to use BPA due to regulatory loopholes and limited federal restrictions.

BPA (bisphenol-A) is an organic compound that manufacturers use in many consumer products. Businesses have used BPA in food packaging and epoxy resins since the 1960s. It’s also in most polycarbonate plastics. But only in recent years have the dangers of BPA become widely recognized and studied.

BPA can be dangerous to humans, especially babies and children. Studies have also shown that BPA can cause injuries to adults.

This article discusses the dangers of BPA. It also explain what you can do to avoid these dangers. Finally, it briefly describe what you should do if your loved one becomes sick from BPA exposure.

You can also talk to a product liability attorney near you for targeted legal advice. A lawyer can review the facts of your situation and the laws in your state to determine if you have a valid claim. If so, they will guide you through the legal process and advocate for fair compensation.

Products Containing BPA

Even though scientists have proven that BPA is toxic, manufacturers still use BPA in many consumer products. Unless the government bans using BPA, companies will continue to do this.

Products containing BPA include the following:

• Coatings on metal food cans
• Gel-filled baby teething rings
• Adhesives/tape
• Food contact materials
• Polymers
• Plastic bottles
• Beverage cans
• Plastic containers
• Marine solvents
• Thermal paper (often used for receipts)
• Dental sealants

Generally, recycling code 7 plastic products contain BPA. Plastic products with recycling codes 1,5, or 7 are BPA-free.

BPA is no longer in:

• Baby bottles
• Sippy cups
• Water bottles

The U.S. Food and Drug Administration (FDA) banned the use of BPA in these products in 2011 and 2012, respectively. But the FDA didn’t ban the use of BPAs in baby teething rings, stating that low levels of BPA are not harmful to public health.

One problem with teething rings is that the rings look non-toxic. Some even say that they are BPA-free. But a 2013 study found that many of these products still contained the toxin despite statements on their packaging.

Health Effects of BPA

BPAs pose a danger to human health. BPA mimics the hormone estrogen. This is especially true for:

• Fetuses
• Infants
• Children

It can potentially cause a wide range of congenital disabilities and health problems. People who experience BPA exposure may develop the following health effects:

• Congenital disabilities
• Breast and prostate cancer
• Type-2 diabetes
• Infertility
• Obesity
• Cardiovascular disease

Some States Have Banned BPA

The federal government hasn’t banned the use of BPA. The only regulations regarding BPA prohibit the use of BPA in the following:

• Infant formula containers
• Sippy cups
• Baby bottles

But some states have passed legislation banning and restricting the use of BPA in products for children under four.

States that currently have laws against using BPA in children’s products include:

• California
• Connecticut
• Delaware
• Washington, D.C.
• Illinois
• Maine
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New York
• Vermont
• Wisconsin

California has passed several laws regarding the use of BPA. For example, California Proposition 65 requires warning labels on products containing dangerous substances, including BPA. This is because BPA causes toxicity to human development and the female reproductive system.

Some local governments also ban or restrict the usage of BPAs.

BPA Lawsuits

The federal government hasn’t completely banned BPA. But the FDA admits that there are concerns over the safety of BPAs. Not only do BPAs cause injuries to infants and children, but they are also dangerous for adults.

People have attempted to sue manufacturers for injuries caused by BPA exposure. But for many plaintiffs, there have been legal roadblocks. This is because it’s not illegal to use BPA in manufacturing.

Below is a summary of the key BPA lawsuits.

March 2018: Class Action Lawsuit in California Over BPAs in Dog Food

In 2018, plaintiffs in California filed a class action lawsuit against Champion Petfoods. The plaintiffs alleged that Champion’s dog food contained BPA. There was a problem. The manufacturer stated on its packaging that its dog food was “biologically appropriate.”

The judge granted summary judgment in favor of Champion, stating that there was not sufficient evidence that the BPA levels in the dog food were unsafe.

April 2021: Judge Dismisses Lawsuit Against Champion Petfoods

In another lawsuit against Champion Petfoods, plaintiffs in Wisconsin alleged the same claim as above. The plaintiffs argued that labeling the defendant’s product was false and misleading. They made the same argument as the plaintiffs in the California litigation.

The Eastern District of Wisconsin judge granted summary judgment for the defendant. This holding was not promising for those plaintiffs suing for damages BPA causes to human health.

May 2022: California Warns Sock Manufacturers in Violation of Proposition 65

According to California Proposition 65, any product with more than one part per million BPA must contain a warning on its label. In September 2021, the Center for Environmental Health (CEH) issued a 60-day notice to dozens of sock manufacturers ordering them to add the warning to their products.

In May 2022, the CEH settled the matter via an injunction against the sock manufacturers. The companies agreed to include the required warnings. They also agreed not to replace BPAs with other phenol chemicals.

European Union Sets BPA Limits

In January 2024, the European Food Safety Authority confirmed the new safety guidelines for BPAs and other toxins. Under the new guidelines, manufacturers in Europe may not market products with more than two parts per trillion BPA.

Many consumer agencies have issues with loopholes in these regulations. Companies take advantage of these loopholes and manage to sell products with much higher levels of BPA and other endocrine-disrupting chemicals.

Other endocrine disruptors, like bisphenol A diglycidyl ether (BADGE), are closely related to bisphenol-A.

Get Legal Help if You Develop an Illness Due to BPA Exposure

Bisphenol A is estrogenic. It mimics the female sex hormone. Studies have linked BPA to:

• Breast cancer
• Prostate cancer
• Diabetes
• Infertility
• Congenital disabilities

If you believe you are sick because of BPA, seek immediate medical attention. Your doctor will run toxicology reports to see if you have traces of BPA in your body. If you do, you may have a valid legal claim. An attorney can help you with this process.

FindLaw’s directory of toxic tort lawyers can get you started. Click on your state or city to review contact and ratings information for local legal experts. Your search results will also link you to additional details about the attorneys’ experience with BPA-related lawsuits. 

When you’re ready, reach out to an attorney. They may be your strongest ally throughout the legal process.