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BPA-Based Epoxy Resins Banned from Infant Formula Packaging

Friday, July 12, 2013
Sandler, Travis & Rosenberg Trade Report

The Food and Drug Administration has issued a final rule that, effective July 12, eliminates the regulatory authorization for the intentional use of bisphenol A-based epoxy resins as coatings in packaging for powdered and liquid infant formula. The FDA is taking this step after having determined that all U.S. infant formula manufacturers have permanently and completely abandoned such use. This rule does not restrict the use of BPA-based epoxy resins as coatings in packaging for food other than infant formula.

The FDA emphasizes that this action does not relate to the issue of whether or not BPA is safe, which is undergoing a separate review by the FDA and the Environmental Protection Agency. As a result, the FDA’s determination that this use of BPA-based epoxy resins has been abandoned is without prejudice to a future filing based on the safety of this use; i.e., a manufacturer could seek approval, establishing safe conditions of use for BPA-based epoxy coatings in infant formula packaging, via the food contact notification process.

Any objections to this rule must be filed no later than Aug. 12.

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