Partner George Misko Quoted in FCN Article on BPA

Keller and Heckman Partner, George G. Misko, was quoted in a January 25, 2010 Food Chemical News (FCN) article on the Food and Drug Administration's (FDA) move to change the way bisphenol A (BPA) is regulated. In response to FDA's suggestion that manufacturers voluntarily submit a food contact notification (FCN) for their currently marketed uses of BPA-containing materials, Mr. Misko told FCN, "Why would I volunteer to do this when [a substance] is already cleared for use?" He added that the FCN process is not supposed to be used for already cleared substances so it's "strange" that FDA would make such an announcement, as the agency already has the authority to evaluate approved food additives for safety concerns.

Mr. Misko suggested, in the article, that manufacturers that follow FDA's advice and file a FCN application may end up withdrawing it if FDA flags a deficiency. "That brings us back to where we are today. The logic escapes me," he was quoted as saying. There's no advantage to filing a FCN, he added.