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Court Won’t Force FDA To Limit BPA Use

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A U.S. Circuit Court of Appeals for the District of Columbia three-judge panel has ruled against the Natural Resources Defense Council’s suit to force the Food and Drug Administration to limit use of bisphenol-A (BPA) including its use as a food additive, on jurisdictional grounds.

In 2008 the NRDC submitted a citizen petition to the FDA asking the agency to revoke regulations that allow BPA to be used as a food additive. The FDA did not respond to the petition. The NRDC filed a lawsuit with the court in June 2010, requesting the court to establish a deadline for the FDA to deny the petition or begin revocation of the regulations.

The FDA argued that the type of petition submitted by the NRDC are regularly heard in district court and that if the NRDC felt the FDA was delaying the petition, they could have sought a claim against the FDA under the Administrative Procedure Act , also in district court.

The panel wrote that “[b]ecause the NRDC cannot show that jurisdiction over its citizen petition lies exclusively in this court, or that all final FDA action on its petition would be directly and exclusively reviewable in this court, we dismiss the petition for lack of jurisdiction.” disclaimer: This article: Court Won’t Force FDA To Limit BPA Use was posted on Monday, June 20th, 2011 at 7:56 pm at and is filed under Toxic Substances Lawsuits.

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