Parents Sue Over Chemical in Baby Bottles

A group of Missouri parents is suing manufacturers of baby bottles, bottle liners and training cups in federal court, alleging they failed to disclose that their products contain the chemical bisphenol A, which allegedly can cause serious health problems in children.

The federal lawsuit alleges that a growing number of scientific and laboratory studies show that bisphenol A, or BPA, leaches into children's milk, formula and juice from baby bottles and other polycarbonate containers.

Playtex Products, one of the five defendants in the case, announced April 21 that the company would stop using BPA in its products.

"While U.S. and worldwide regulatory bodies continue to deem the ingredient safe, as a leader in infant care products we are listening to consumer concerns, and we believe the right thing to do is eliminate any confusion or doubt that parents may have," Playtex Vice President Gary Cohen said in a statement.

Co-defendant Avent America also addresses recent news reports about BPA on its Web site, noting that use of the chemical in baby bottles has been deemed safe by the Food and Drug Administration as well as regulators in Europe and Japan.

"By looking to these acknowledged authorities, Avent will continue to deliver the best products to customers," the company said.

According to the class-action complaint filed in the U.S. District Court for the Western District of Missouri, exposure to BPA is linked to breast and prostate cancer, diabetes, obesity, and reproductive disorders.

BPA is now one of the highest-volume chemicals produced globally, with an annual worldwide production of nearly 6.5 billion pounds, the complaint says.

The plaintiffs say the U.S. Centers for Disease Control and Prevention found that 95 percent of all adults tested had significant levels of BPA in their systems.

The defendants knew that their products containing BPA were not safe, but they withheld that information from consumers, the complaint says.

The lawsuit proposes two classes of plaintiffs: a Missouri class of people who bought plastic baby bottles, liners and cups containing BPA from the defendants and a national class with the same criteria.

The complaint alleges intentional and negligent misrepresentation and violations of consumer protection statutes in Missouri and other states.

The plaintiffs are seeking compensatory and punitive damages and an injunction barring the defendants from all further sales and advertising of products containing BPA unless the products contain a prominent disclosure that the chemical is associated with health risks.

The complaint also seeks restitution to the class members for the full price of all baby bottles, liners and cups they purchased.

The other defendants are Gerber Products Co., Evenflo Co. and Handi-Craft Co.

In April Canada became the first country to find BPA unsuitable for use in baby bottles.

Democratic Sens. Charles Schumer of New York and Dianne Feinstein of California introduced legislation April 29 that would prohibit the use of BPA in all children's products.

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The plaintiffs are represented by Jeffrey Kennard and Daniel McClain of Scharnhorst Ast & Kennard in Kansas City, Mo., and Michael Hodges in Lenexa, Mo.