The French Constitutional Court said that Regulation 2012-1442 (issued on 24 December 2012) that banned the manufacture and export of food contact materials (FCMs) containing bisphenol A (BPA) was unconstitutional. Consequently, the part of the current law concerning production and export of these products has been abrogated with immediate effect.

As stated by the council, French companies are thus allowed to produce BPA-based materials for export, but inside France the existing restriction on BPA-based food contact materials remains valid.

According to Regulation 2012-1442: all feeding bottles and pacifiers containing BPA shall be banned since 26 December 2012; all packaging, vessels and utensils that come in direct contact with food shall not contain BPA for children less than three since 1 January 2013; all packaging, vessels and utensils that come in direct contact with food shall not contain BPA since January 2015.

Reminder: French regulation on BPA is stricter than other countries. Though the law lifts partial restriction, the standards for FCM exporters from China are still strict. Businesses shall choose testing labs with authority for compliance so as to avoid trade barriers.