Calif. Lawsuit Targets Baby Bottles With Chemical Additive

Manufacturers and retailers of plastic baby bottles failed to warn consumers that the products contain a chemical that allegedly poses developmental and health risks to infants and children, according to a California class-action lawsuit.

The chemical is bisphenol-A, a component of clear polycarbonate plastic used in baby bottles, drinking cups, pacifiers and bath toys.

It is also used to make epoxy resins, which serve as a protective coating inside canned food and beverage containers.

The plastics industry says the Environmental Protection Agency and the Consumer Product Safety Commission have found that products containing bisphenol-A pose no risk to consumers.

In this case Frederick Ganjei is suing on behalf of his 5-year-old son Jack, "who was born with an injury to his genitalia, the type of which is known to be associated with exposure to harmful levels of the chemical designated as bisphenol-A," the complaint says.

The lawsuit says the defendant manufacturers and sellers have run a massive advertising campaign throughout California over the last five years that touts the safety and benefit of using baby bottles containing bisphenol-A although they knew their misrepresentations were false.

But Ganjei says numerous studies show that polycarbonate breaks down and leaches bisphenol-A into food or beverages in contact with the plastic.

The manufacturer defendants include Avent America, Dr. Brown's, Evenflo Co., Gerber Novartis, Nalgene Nunc International Corp. and Playtex Products.

The retail defendants named are supermarket chains Ralphs, Gelson's, Stater Bros. and Vons.

The complaint makes claims for intentional and negligent misrepresentation, as well as violations of California's Consumer Legal Remedies Act and business code.