Triclosan: The Next BPA?

The FDA recently announced it would investigate concerns raised by the use of the antibacterial chemical triclosan, which is found in soaps, hand sanitizers and other consumer products.   According to a 2006 study on North American bullfrogs, triclosan  is potentially an endocrine disruptor.  
 
“There is a real danger this announcement could trigger the same type of litigation  and piecemeal legislation with triclosan as we have seen with BPA,” says Leonard S. Kurfirst, a defense litigator with Wildman, Harrold, Allen & Dixon LLP (Chicago) who represents chemical companies and manufacturers in toxic tort and product liability  litigation.  “It’s important to look at the science in these situations and not give way to public fear that often is manipulated by certain organizations with agendas."

Kurfirst says that, despite the widespread concern over BPA, there is very little scientific evidence that BPA causes harmful endocrine disruptions in humans.  And, he says, there has been nothing published to suggest that triclosan has harmed anyone when used as recommended in soap and other consumer products.   This, however, may not be enough to stop activists from pushing for a ban.

“Hopefully, the FDA's announcement will not trigger another wave of consumer class actions that carefully avoid making any claim of personal injury, but instead allege that  consumers would not have purchased certain products if they had known they contained   the chemical at issue,” says Kurfirst.    “Although these lawsuits are frequently premised upon junk science and can be very difficult to pursue, such lawsuits continue to be filed, and they can be very costly for companies in terms of both time and money.”

Kurfirst is available to discuss the potential for litigation in the wake of the FDA’s investigation of triclosan and  is also available to write on the issue. [05/24/2010]