California takes aim at chemicals in plastics

Assemblywoman Chan has two bills in the offing, one seeking bans to several chemicals which have been shown to accumulate in the human body possibly harming the unborn. She also proposes targeting substances that are used by children under three. One takes aim at bisphenol A, an element in some plastics like baby bottles, another at phthalates, an element in some rattles and teething rings. Such substances are also used in upholstery, packaging, wall and floor coverings.

Another bill - which passed the Senate this week - would require cosmetics manufacturers to disclose ingredients in their products which have been shown to cause cancer. "Like most Californians, I believed that the FDA protected me form unsafe chemicals in the lotions, creams, and sprays that are part of all our daily grooming habits," says SB 484 sponsor Carole Migden.

Response to the Migden bill has been vociferous from industry opponents and backed also by some concern by the scientific community on issues of clarity and fairness.

"SB 484 would require the reporting of chemicals even though they are present in forms or at levels that pose no risk to health," said Pamela Bailey, president of the Cosmetic, Toiletry and Fragrance Association in legislative hearings.

Some academics agree that the practice of listing substances known to be dangerous could be confusing to consumers, and possibly unfair to manufacturers.

"In all of these debates, the key point that is not often understood is that it's the dose that makes the poison," says Dr. Carl Winter, an expert in toxicology at the University of California, Davis. "The tendency is to exaggerate toxicity. It's a slippery slope where to draw the line on what represents a legitimate concern and what restrictions should apply."

Some critics are more open to yet another approach being posited by Sen. Deborah Ortiz - called bio-monitoring - which monitors the tissue of volunteers to determine which chemicals might require more research and regulation. "It makes better sense than trying to predict exposure," says Mr. Winter.

Some say that because the measures are costly to both businesses and taxpayers they will meet resistance, and could be struck down by Governor Schwarzenegger even if they pass. Yet the fact that so many bills are percolating at once, say others, shows that Californians are bringing debate back to a long-term premise of American jurisprudence.

"The long-term mantra in America has always been, there's no evidence to prove there is a danger - until we find out later that problems have occurred," says Shawn Collins, a Chicago lawyer who has represented individuals and corporations injured by corporate wrecklessness with chemicals. "Now they are trying to at least consider that the proof should come up front."

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