WASHINGTON – Energy and Commerce Committee Vice Chair Diana DeGette (D-CO) today entered the following statement – as prepared for delivery – into the record at today’s Energy and Commerce Subcommittee on Commerce, Trade, and Consumer Protection hearing entitled, “Safety of Phthalates and Bisphenol-A in Everyday Consumer Products.”  DeGette is a member of the Conference Committee reconciling the House and Senate consumer product safety bills.

Below is Congresswoman DeGette’s opening statement as prepared for delivery:

“Thank you, Madame Chair, and thank you for holding this hearing on phthalates (pronounced THAL-ates) and bisphenol-A (pronounced bis-FEEN-ol-A) (BPA).  Today’s discussion will help us take another step forward in improving the health of Americans, and particularly kids, across the country.

“We started this journey last year, when I’m sure everyone remembers hearing about toy after toy contaminated with excessive lead.  Parents were rightfully scared that toys, seemingly harmless play-things, could actually be deadly.

“Parents should take heart, though, because Congress is taking action.  The House and Senate passed bipartisan legislation to address this problem of dangerous toys and strengthen the relevant regulatory agency, the Consumer Product Safety Commission (CPSC).  I’m pleased to be a member of the Conference Committee working out the differences between the two bills, and we hope to see a bill enacted into law quickly.

“Unfortunately, our work is not done.  Lead is not the only harmful substance found in consumer products, particularly dangerous to infants and children.  Phthalates and BPA pose distinct health risks and ones which the Federal Government needs to address.

“Phthalates constitute a variety of compounds and are used in a diverse range of products, from toys to cosmetics.  They are most often used in plastics to keep them both sturdy and flexible.  They are ubiquitous, so everyone is exposed, including children.

“The concern is that some phthalates act as endocrine disruptors, interfering with normal development.  For example, in numerous animal studies exposure to some phthalates in the womb has been found to affect the development and function of male reproductive organs.  One of the developmental abnormalities found is a risk factor for testicular cancer.

“There is also scary evidence from human studies.  Some phthalates have been associated with premature female breast development, higher rates of pre-term birth, low male sperm count, and poor male sperm quality.  One human study even showed a link between some phthalate metabolites and insulin resistance, a precursor to diabetes.

“It’s clear that exposure to some phthalates for infants and young children is harmful and detrimental to their development.  I’m proud to cosponsor legislation sponsored by Representative Hooley, H.R. 4030, to either ban or better regulate six dangerous phthalates.  It mirrors steps taken already by the European Union (EU) and California.

“BPA, the other topic for discussion today, is also used in plastics and as part of certain resins.  Most relevant here, these plastics and resins appear in things like baby bottles, cans which have food or liquids, and food storage containers. 

“Is BPA leaching out of these items and into our bodies?  The answer is yes.  Of the people examined by the Centers for Disease Control (CDC), 92 percent had evidence of BPA in their urine.

“Is this exposure harmful?  While entities in Europe and Japan have found current expected exposure levels to BPA are safe, Canada recently came to the opposite conclusion.  It has banned use in baby bottles and is working to otherwise reduce BPA exposure. 

“As for domestic agencies, the FDA concluded in November of last year that the current use of BPA was safe.  Thanks to the ongoing investigation by the Oversight and Investigations Subcommittee into BPA and its uses, we have learned that it appears the two studies the FDA relied upon were industry-sponsored.  That would make the FDA’s conclusion suspect.  I know the Subcommittee has followed-up with the FDA to understand how it reached its conclusion, and we await the FDA’s substantive response. 

“Most significantly, the National Toxicology Program (NTP) at the National Institutes of Health (NIH) released a draft brief in April on BPA.  Based on numerous and up-to-date scientific studies it found “some concern for neural and behavioral effects in fetuses, infants, and children at current human exposures [and] some concern for [BPA] exposure in these populations based on effects in the prostate gland, mammary gland, and an earlier age for puberty in females.”  While its conclusions are based on animal studies, the NTP writes that “the possibility that [BPA] may alter human development cannot be dismissed.” 

“It’s our job in Government to protect the public health by removing from use even potentially dangerous products.  The findings of the NTP should be a wake-up call.  The possibility that BPA could be having such negative effects on the health of our children means we need to seriously consider taking some kind of action.  I expect our witnesses today will help elucidate what actions we should take.

“Protecting our kids’ health and safety is our most solemn responsibility, and if they are being exposed to dangerous compounds the Federal Government needs to get them out of the marketplace right away.  We showed last year with respect to lead that Congress can act quickly, and I’m sure we will show the same alacrity with respect to phthalates and BPA.”