In reaction to this growing concern, a group of scientists recently published a commentary in the Journal of Epidemiology and Community Health calling for greater study of the human health effects of what are often called Food Contact Materials (FCMs). FCMs are the chemicals used in food packaging, including BPA, that come into contact with the food they contain. Only recently have epidemiologists shifted their attention to the potential long-term health effects of the range of chemicals other than BPA that may have health impacts. Formaldayhde, for example, which is found in plastic food wrapping, melamine dinnerware, and fizzy drink bottles, has been associated with cancer. Other chemicals, such as tributyltin, tisclosan, and phthalates, are known hormone disrupters. As evidence indicating the negative health effects of chemicals other than BPA continues to mount, consumer protection groups should broaden their focus to encompass all FCMs rather than focusing specifically on BPA.
Certainly greater epidemiological focus on these effects is important, as is stricter regulation of the food packaging process and the chemicals used. But existing law can play a role in consumer protection as well, as it provides several tools advocates can use, albeit imperfect ones.
The Uniform Commercial Code (UCC) § 2-314 is one legal tool that may prove useful to food safety and consumer protection advocates in preventing the sale of foods packaged in suspect packing. UCC § 2-314 requires that “merchantable” goods be “fit for the ordinary purposes for which such goods are used” and, in part, be “adequately contained, packaged, and labeled.” This “warranty of merchantability” is implied under the U.C.C in contracts for the sale of goods in two situations: first, when the seller is a merchant with respect to goods of the kind at issue and second, when the warranty is not effectively disclaimed. What the terms “adequately contained, packaged and labeled” mean, however, especially when it comes to latent or unknown defects that do not show signs of ill effect for a long period of time, is unclear.
Tags: BPA, food contact materials, food packaging, formaldehyde, merchantability
