The Congress of Deputies has approved, in a final reading of the Waste Law, the prohibition of substances considered toxic in contact with food, such as bisphenol A and phthalate plasticizers. The decision has been the result of a new pact between United We Can and the PSOE. This last formation has changed its vote expressed in the Senate where it came to agree with the PP an amendment that only involved the reduction of these substances in line with what the Reach regulation of dangerous substances dictates at any time.
The approved Waste Law establishes that "the use of phthalates and bisphenol A in packaging will be prohibited." Various social entities supported this initiative (doctors, scientists, Rezero, Friends of the Earth, Surfrider Spain and Hogar sin Tóxicos), who claim to corner such chemical substances.
This wording was already in the first version of the law approved in Congress but in the Senate the PSOE rectified its position invoking the need to correct an "error", since this prohibition "is not contemplated in the EU regulation", therefore, the national legislator “cannot” modify it.
Bisphenol A, more than a suspicion
Since the 1990s, scientists have accumulated studies showing that bisphenol A (BPA) has potentially harmful effects on reproduction, brain development, mammary gland health, and metabolism, among others. Of particular concern is the exposure of pregnant women, since the effects of bisphenol A can be much more serious in embryos or fetuses.
“These compounds do not cause acute toxicities; they do not produce immediate adverse effects; but there is chronic toxicity as a result of small daily doses of a chemical substance”, says Ethel Eljarrat, a researcher at the Idaea-CSIC institute.
Uses of this substance
Bisphenol A is a chemical used to make polycarbonate (a plastic that gives it strength) and resins. In the form of polycarbonate, it is present in reusable water dispenser bottles (for office use, for example), crockery (plates and cups) and containers. And, as epoxy resins, it is used in interior coatings for beverage and food cans (tomato, tuna, pineapple...). The risk is that there is a migration of the product from the container to food and drink, says the European Food Safety Authority (EFSA).
Furthermore, as a non-food use, bisphenol A is found in polycarbonate plastics (pens, cases, organic lenses, CDs and DVDs, mobile phone cases, motorcycle helmets...). “All polycarbonate plastic has bisphenol; it cannot be manufactured with substances other than bisphenol A,” says Antonio Balairón, director of the National Association of PET Packaging (ANEP). On the other hand, he adds, it is not in PET plastic bottles (water, soft drinks, oil, juices, milk...)
the agreed text
«Promote the reduction of the content of hazardous substances in materials and products in accordance with the harmonized legal requirements relating to said materials and products established at the European Union level, avoiding, in particular, the presence of substances included in Annex XIV of the Regulation REACH or restricted substances listed in its Annex XVII, and endocrine disruptors. In particular, and in accordance with the provisions of these regulations, the use of phthalates and bisphenol A in packaging will be prohibited.
The debate on the controversial bisphenol A has gained new momentum because the EFSA is re-evaluating the risks of this substance on food, and has proposed a drastic reduction in the tolerable daily intake compared to the 2015 values.
EFSA proposes to lower the tolerable daily intake rate from 4 micrograms per kg of body weight (current value) to 0.04 nanograms per kg of body weight per day. That's a 100,000-fold reduction.
“Current levels of consumer exposure to bisphenol A in the diet exceed the new maximum values now set by EFSA. Therefore, we must reduce current exposure levels to this compound; and, to achieve this, measures such as those initially included in the bill are necessary”, emphasizes researcher Ethel Eljarrat.
Bisphenol has been cornered
Bisphenol A has been pushed into the corner; although “very slowly; we have been denouncing it for 30 years”, says Nicolás Olea, researcher and professor at the University of Granada. The first step was taken by prohibiting its use in baby bottles, on July 30, 2011. In 2020, they were also withdrawn from Europe from ticket thermal box. And in 2018 its use was prohibited in any food packaging for children from 0 to 3 years old. Various experts put forward (against the PSOE's initial argument in the Senate) that Spanish law could prohibit the use of bisphenol A in food packaging by applying a precautionary principle, and without having to wait for a decision for the entire EU. However, this would require invoking the safeguard clause of the regulations on materials intended to come into contact with food.
The harmful phthalates, endocrine disruptors
For their part, phthalates are chemicals widely used as softeners to make plastics, such as polyvinyl chloride (PVC), more flexible and durable.
For example, di(2-ethylhexyl) phthalate (DEHP), diisononyl phthalate (DiNP), di-butyl phthalate (DBP), butyl-benzyl-phthalate (BBP), and di-isodecyl phthalate (DIDP) are commonly used. as plasticizers in PVC materials such as food packaging and food contact materials.
There is scientific evidence that some phthalates are harmful to our health. Some are endocrine disruptors linked to adverse reproductive and metabolic outcomes. There are also studies that link exposure to phthalates with an increased risk of learning, attention and behavior problems in children, reminds us the expert Ethel Eljarrat.
Diet is the main source of exposure for most phthalates
EFSA has established a safe Tolerable Daily Intake (TDI) level of 50 micrograms per kilogram of body weight per day for the group of four phthalates: DBP, BBP, DEHP and DINP. These values have been established based on its effects on the reproductive system causing a reduction in testosterone in fetuses. For the fifth phthalate, DIDP, a TDI level of 150 micrograms per kilogram of body weight per day has been set due to its effects on the liver.
Phthalates are being restricted
In the last twenty years, the European Union and the United States have restricted the use of some phthalates, such as DEHP and DBP, in some commercial products. As a result, other plasticizers such as di(2-ethylhexyl) adipate (DEHA), 1,2-cyclohexane dicarboxylic acid diisononyl ester (DINCH), and di(2-ethylhexyl) terephthalate (DEHT) arise as Replacement plasticizers in PVC materials. “Therefore, it is now necessary to also have studies on the possible effects of these compounds, and to be able to assess whether this replacement is safe or not”, says Eljarrat.
Phthalates, more than 50% of the European market for plasticizers
Every year 7.5 million tonnes of plasticizers are consumed, of which European consumption accounts for more than 1.35 million tonnes (2020 estimates from IHS and European Plasticisers). In 2020, phthalates accounted for just over 50% of the European plasticizer market.
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