July, 17 2012, 04:32pm EDT
Federal Ban on BPA in Baby Bottles Offers Limited Protections
NRDC: ‘FDA Continues To Dodge the Bigger Questions of BPA’s Safety’
WASHINGTON
The Food and Drug Administration's announcement today banning the use of bisphenol A (BPA) in baby bottles and children's cups still leaves the public exposed to the hormone-disrupting chemical in food packaging, according to the Natural Resources Defense Council.
BPA, a chemical used to make plastics and resins, is linked to an array of adverse health effects, including cancer, obesity, abnormal brain development and reproductive problems.
The following is a statement from Dr. Sarah Janssen, senior scientist in the public health program at NRDC:
"This is only a baby step in the fight to eradicate BPA. To truly protect the public, FDA needs to ban BPA from all food packaging. This half-hearted action--taken only after consumers shifted away from BPA in children's products -- is inadequate. FDA continues to dodge the bigger questions of BPA's safety."
Background:
Canada, the European Union, China, and at least five other countries as well as 11 U.S. states have prohibited the use of BPA in children's products. Some U.S. canned food manufacturers have voluntarily removed BPA from can linings, but its use remains legal in all canned food and beverage packaging.
In March, FDA rejected NRDC's petition to ban BPA in all food packaging, but the agency emphasized it was not making a final determination of BPA's safety. Instead it would continue to examine the ongoing research of BPA's effects on health.
The FDA opened a separate public comment period today on a petition to ban BPA in infant formula containers, but just like baby bottles and children's cups, manufacturers have largely abandoned using the chemical in formula containers.
To read more about the FDA and BPA, see Dr. Janssen's blog post here:https://switchboard.nrdc.org/blogs/sjanssen/fda_responds_to_bpa_industry_w.html
Learn more about NRDC's Fix The FDA campaign here: https://www.nrdc.org/health/fda/
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
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Trump Pick to Replace Lina Khan Vowed to End 'War on Mergers'
"Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act," said one antitrust attorney.
Dec 11, 2024
President-elect Donald Trump's pick to lead the Federal Trade Commission vowed in his job pitch to end current chair Lina Khan's "war on mergers," a signal to an eager corporate America that the incoming administration intends to be far more lax on antitrust enforcement.
Andrew Ferguson was initially nominated by President Joe Biden to serve as a Republican commissioner on the bipartisan FTC, and his elevation to chair of the commission will not require Senate confirmation.
In a one-page document obtained by Punchbowl, Ferguson—who previously worked as chief counsel to Sen. Mitch McConnell (R-Ky.)—pitched himself to Trump's team as the "pro-innovation choice" with "impeccable legal credentials" and "proven loyalty" to the president-elect.
Ferguson's top agenda priority, according to the document, is to "reverse Lina Khan's anti-business agenda" by rolling back "burdensome regulations," stopping her "war on mergers," halting the agency's "attempt to become an AI regulator," and ditching "novel and legally dubious consumer protection cases."
Trump announced Ferguson as the incoming administration's FTC chair as judges in Oregon and Washington state
blocked the proposed merger of Kroger and Albertsons, decisions that one antitrust advocate called a "fantastic culmination of the FTC's work to protect consumers and workers."
According to a recent
report by the American Economic Liberties Project, the Biden administration "brought to trial four times as many billion-dollar merger challenges as Trump-Pence or Obama-Biden enforcers did," thanks to "strong leaders at the FTC" and the Justice Department's Antitrust Division.
In a letter to Ferguson following Trump's announcement on Tuesday, FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter wrote that the document obtained and published by Punchbowl "raises questions" about his priorities at the agency mainly "because of what is not in it."
"Americans pay more for healthcare than anyone else in the developed world, yet they die younger," they wrote. "Medical bills bankrupt people. In fact, this is the main reason Americans go bankrupt. But the document does not mention the cost of healthcare or prescription medicine."
"If there was one takeaway from the election, it was that groceries are too expensive. So is gas," the commissioners continued. "Yet the document does not mention groceries, gas, or the cost of living. While you have said we're entering the 'most pro-worker administration in history,' the document does not mention labor, either. Americans are losing billions of dollars to fraud. Fraudsters are so brazen that they impersonate sitting FTC commissioners to steal money from retirees. The word 'fraud' does not appear in the document."
"The document does propose allowing more mergers, firing civil servants, and fighting something called 'the trans agenda,'" they added. "Is all of that more important than the cost of healthcare and groceries and gasoline? Or fighting fraud?"
As an FTC commissioner, Ferguson voted against rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions. Ferguson was also the only FTC member to oppose an expansion of a rule to protect consumers from tech support scams that disproportionately impact older Americans.
"Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act," said Basel Musharbash, principal attorney at Antimonopoly Counsel. "Appointing him to chair the FTC is an affront to the antitrust laws and a gift to the oligarchs and monopolies bleeding this country dry."
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Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
Sen. Ron Wyden (D-Ore.) brought the Protect Reporters from Exploitative State Spying (PRESS) Act—which would prohibit the federal government from forcing journalists and telecom companies to disclose certain information, with exceptions for terroristic or violent threats—for a unanimous consent vote.
Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
Cotton, who blocked a vote on the legislation in December 2022, again objected to the bill, a move that thwarted its speedy passage. The Republican called the legislation a "threat to national security" and "the biggest giveaway to the liberal press in American history."
The advocacy group Defending Rights and Dissent lamented that "Congress has abdicated their responsibility to take substantive steps to protect the constitutional right to a free press."
However, Seth Stern, director of advocacy at the Freedom of the Press Foundation, noted ways in which Senate Democrats can still pass the PRESS Act before Republicans gain control of the upper chamber next month:
Senate Democrats had all year to move this bipartisan bill and now time is running out. Leader Schumer needs to get the PRESS Act into law—whether by attaching it to a year-end legislative package or bringing it to the floor on its own—even if it means shortening lawmakers' holiday break. Hopefully, today was a preview of more meaningful action to come.
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Antitrust advocates on Tuesday welcomed a pair of court rulings against the proposed merger of grocery giants Kroger and Albertsons, which was challenged by Federal Trade Commission Chair Lina Khan and multiple state attorneys general.
"The FTC, along with our state partners, scored a major victory for the American people, successfully blocking Kroger's acquisition of Albertsons," said Henry Liu, director of the commission's Bureau of Competition, in a statement. "This historic win protects millions of Americans across the country from higher prices for essential groceries—from milk, to bread, to eggs—ultimately allowing consumers to keep more money in their pockets."
"This victory has a direct, tangible impact on the lives of millions of Americans who shop at Kroger or Albertsons-owned grocery stores for their everyday needs, whether that's a Fry's in Arizona, a Vons in Southern California, or a Jewel-Osco in Illinois," he added. "This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions."
While Liu was celebrating the preliminary injunction from Oregon-based U.S. District Court Judge Adrienne Nelson, later Tuesday, King County Superior Court Judge Marshall Ferguson released a ruling that blocked the merger in Washington state.
"We're standing up to mega-monopolies to keep prices down," said Washington Attorney General Bob Ferguson. "We went to court to block this illegal merger to protect Washingtonians' struggling with high grocery prices and the workers whose jobs were at stake. This is an important victory for affordability, worker protections, and the rule of law."
Advocacy groups applauding the decisions also pointed to the high cost of groceries and the anticipated impact of Kroger buying Albertsons—a $24.6 billion deal first announced in October 2022.
"American families are the big winner today, thanks to the Federal Trade Commission. The only people who stood to gain from the potential merger between Albertsons and Kroger were their wealthy executives and investors," asserted Liz Zelnick of Accountable.US. "The rest of us are letting out a huge sigh of relief knowing today's victory is good news for competitive prices and consumer access."
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Like Wolf, Farm Action president and co-founder Angela Huffman similarly highlighted that "while industry consolidation increases prices for consumers and harms workers, grocery mergers also have a devastating impact on farmers and ranchers."
"When grocery stores consolidate, farmers have even fewer options for where to sell their products, and the chances of them receiving a fair price for their goods are diminished further," Huffman explained. "Today's ruling is a win for farmers, workers, and consumers alike."
Some advocates specifically praised Khan—a progressive FTC chair whom President-elect Donald Trumpplans to replace with Andrew Ferguson, a current commissioner who previously worked as chief counsel to Senate Minority Leader Mitch McConnell (R-Ky.) and as Republican counsel on the Senate Judiciary Committee.
"Today's decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis," declared Groundwork Collaborative executive director Lindsay Owens in a statement.
"FTC Chair Lina Khan's approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone," Owens argued. "The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach."
Laurel Kilgour, research manager at the American Economic Liberties Project, called the federal ruling "a resounding victory for workers, consumers, independent retailers, and local communities nationwide—and a powerful validation of Chair Khan and the FTC's rigorous enforcement of the law."
"The FTC presented a strong case that Kroger and Albertsons fiercely compete head-to-head on price, quality, and service. The ruling is a capstone on the FTC's work over the past four years and includes favorable citations to the FTC's recent victories against the Tapestry-Capri, IQVIA-Propel, and Illumina-Grail mergers," Kilgour continued.
"The court also cites long-standing Supreme Court law which recognizes that Congress was also concerned with the impacts of mergers on smaller competitors," she added. "We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement and for successfully protecting the public interest from harmful consolidation."
Despite the celebrations, the legal battle isn't necessarily over.
The Associated Pressreported that "the case may now move to the FTC, although Kroger and Albertsons have asked a different federal judge to block the in-house proceedings," and Colorado is also trying to halt the merger in state court.
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