In an article published on May 23, 2018, regulatory news provider Chemical Watch reported on the European Commission’s (EC) consideration of legal action against France after the country banned bisphenol A (BPA, CAS 80-05-7) in food contact materials (FCMs) back in 2015. According to an internal briefing document by the EC that was recently published, the EC opted not to proceed actions against France because of disagreements between internal departments. In the briefing document, the EC called the French ban on BPA “fully disproportionate,” creating “considerable legal uncertainty, both within the internal market and as regards the EU commercial relations with third countries.” Therefore, the EC had initiated an internal consultation considering an infringement case against France through a draft ‘letter of formal notice,’ Chemical Watch explained. However, the EC’s Directorate-General for Health and Food Safety (DG SANTE) argued against the action and the case was put on hold.

In December 2012, France adopted a law banning the use of BPA in FCMs (FPF reported). On January 1, 2013, the ban became effective for FCMs intended for children below three years of age; on January 1, 2015, the ban of BPA in all FCMs entered into force (FPF reported). In September 2015, after a complaint by the industry association PlasticsEurope, the French Constitutional Court partially lifted the ban by exempting the manufacture and export of BPA-containing FCMs from the law (FPF reported). However, the ban of BPA-containing FCMs on the French market remained valid.

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Chemical Watch (May 23, 2018). “EU mulled legal action against France’s BPA ban.