SB 1032, HB 3703 - Ban on Sale of Products Containing Bisphenol-A (BPA)

SB 1032 would have prohibited retailers from offering for sale any product intended for use in eating and drinking that contains BPA, if that product is intended primarily for use by a child under the age of three. It would also have prohibited the sale of any food primarily intended for consumption by children under three, if food packaging contains BPA. The bill died on the Senate floor last week, but was immediately resurrected as HB 3703.

HB 3703 was drafted to prohibit the sale of re-useable drinking containers for children under the age of three (bottles and sippy cups), and included a statement that use of food-container lining with BPA would not be addressed until the FDA completed its current review of the chemical. This statement was proposed by legislators with food-processing industries in their districts, but in the end, it didn't make the bill any more attractive. It remains in House Rules.

SB 1001A - Consumer Contracts

The bill would have imposed a restriction on consumer contracts with automatic renewal provisions that are triggered at the end of the contractual period. Under most automatic renewal provisions, a consumer does not need to expressly consent to an additional contract period after the initial contract term has ended, and may not receive notice that the automatic renewal provision has been triggered. Under SB 1001A, automatic renewal provisions in consumer contracts could not be applied without clear and conspicuous notice of the provision, and applicable cancellation procedure, to the consumer.

SB 1001A also addressed early termination fees (ETF), and would have made the charge of an ETF an unlawful trade practice unless notice is given to the consumer and the consumer provides express consent. Although the bill was moved from Senate Consumer Protection to Senate Rules with a do-pass recommendation, it has not resurfaced.