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US legal action sees ‘landmark settlement’ on BPA use

By Anthony Clark
Posted 11 January 2011
Two US law firms claim to have obtained a "landmark settlement" over the use of bisphenol A (BPA) in plastic drinks bottles. Whatley Drake & Kallas and Walters Bender Strohbehn & Vaughan have resolved a multi-district federal class-action lawsuit with Philips Electronics Corp. North America over the use of BPA in baby bottles.

Philips sold Avent-branded plastic baby bottles and ‘sippy’ cups that contained BPA. Plaintiffs alleged that Philips and several other manufacturers were liable for breach of warranty, violations of deceptive trade practices statutes and unjust enrichment when they failed to disclose to consumers that these products contained BPA, which the law firms claim poses health risks.

The settlement resolves the case against Philips while preserving all claims against the remaining defendants.

"We are pleased that Philips has stepped up and taken the lead in agreeing to the serious practice reforms and monetary benefits outlined in the settlement," said Edith Kallas of Whatley Drake & Kallas.

Thomas Bender of Walters Bender Strohbehn & Vaughan, added: "BPA is a dangerous chemical in the wrong applications, and Philips is to be commended for agreeing to this relief. Consumers who purchased these products will be able to obtain significant relief, and we hope other manufacturers will follow Phillips in both agreeing to not use BPA in products without warning of the dangers and in allowing purchasers recovery for their losses."

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