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FOR IMMEDIATE RELEASE: August 28, 2024

PRESS CONTACT:
Erika Wilhelm, Breast Cancer Prevention Partners, 415-321-2920

 

California Senate Unanimously Passes Landmark Bipartisan Bill to Eliminate Harmful Chemicals from IV Bags and Tubing

(Sacramento, CA – Aug. 28) – Setting a first-ever high-bar for patient safety, the California Senate yesterday unanimously passed the Toxic-Free Medical Devices Act (AB 2300) in a bipartisan vote of 40-0, banning the use of the toxic chemical DEHP in IV bags and tubing manufactured, sold, or used in the state. The bill now moves to the Governor to sign into law.

The passage of this groundbreaking legislation will be a significant step toward protecting patients nationwide, as 90% of hospital patients in the U.S. receive IV therapy or infusion, and many are unknowingly exposed to this harmful chemical that is linked to cancer.

“As someone who has battled breast cancer firsthand, I understand the critical importance of ensuring that our medical devices are safe and free from harmful chemicals like DEHP,” said California Assemblywoman Lori Wilson, who introduced the bill. “By passing AB 2300, we are taking a significant step toward protecting the health and well-being of patients, ensuring that our medical devices meet the highest safety standards." Please see quotes from other spokespeople here.

DEHP (Di-2-ethylhexyl phthalate) is a chemical that makes polyvinyl chloride (PVC) plastic more flexible. Approximately 60-70% of IV bags and tubes used in California and nationwide are made with this chemical despite known links to breast, liver, lung, and testicular cancers. Because it’s not a stable molecule, DEHP leaches out of the plastic into medication and other fluids being infused into the bloodstream of patients, posing a major health risk to already vulnerable populations.

The new law, effective in 2030 for IV bags and 2035 for IV tubing, mandates that DEHP and related ortho-phthalates be removed from these essential medical devices in California – but there’s no need for the rest of the country to delay taking action. Although the new law applies only to California, the national implications are vast. Most U.S. hospitals rely on a small group of manufacturers for their IV supplies. While Baxter International, supplier of the majority of California’s and the nation’s IV bags made with DEHP and PVC, has lagged behind in offering non-toxic alternatives, other manufacturers such as B. Braun, Fresenius-Kabi, and ICU Medical already sell FDA-approved, DEHP-free IV bags.

“There’s nothing complicated about it; patients shouldn’t have to wonder and worry if their IV treatments are making them sicker,” said Janet Nudelman, Breast Cancer Prevention Partner’s Senior Director of Program and Policy. “That’s just plain common sense. We hope this historic victory will inspire healthcare institutions nationwide to make this switch immediately to eliminate DEHP exposures that are jeopardizing the health of breast cancer patients and other vulnerable populations.”

Breast Cancer Prevention Partners (BCPP) recently released a report, “Toxic-Free IV: Getting Harmful Chemicals Out of IV Bags and Tubing,” describing in detail why DEHP has no place in medical devices, especially when safe alternatives exist.

“As an OB/GYN, I constantly work to be certain that every step is taken to ensure the safety and well-being of my hospital patients, said Dr. Kelly McCue, MD and Chair of the American College of Obstetricians and Gynecologists, District IX, one of the AB 2300 co-sponsors. “By phasing out DEHP in medical devices, AB 2300 will significantly reduce these risks, providing safer healthcare for all Californians. No patient in any setting should be exposed to such dangerous chemicals, especially when safer alternatives are available.”

The American Academy of Pediatrics, the American Medical Association, the American Public Health Association, and the U.S. Food and Drug Administration have all urged hospitals and physicians to phase out PVC medical devices, especially those containing DEHP, a chemical that has been banned from toys on a national level since  2008 and from beauty and personal care products sold in California since 2020.

Especially for cancer patients, toxic IV bags and tubing represent a serious public health concern: DEHP promotes drug resistance, and interferes with chemotherapy’s ability to fight breast cancer, making cancer cells ‘immortal.’ Research also shows that patients with higher levels of DEHP in their system had higher rates of relapse and breast cancer mortality. This is especially frightening for the over 300,000 women each year who are battling breast cancer in the United States.

“The presence of DEHP in IV bags and tubing poses a serious public health concern and contributes to existing health disparities, particularly for Black women who already face higher exposure to toxic chemicals due to where we work, where we live, and the consumer products we use every day,” said Rhonda M. Smith, Executive Director, California Black Health Network, one of the AB 2300 co-sponsors. “DEHP in IVs worsens this situation, especially for those with triple-negative breast cancer, a more aggressive cancer that disproportionately affects Black women. AB 2300 addresses the urgent need to eliminate DEHP from IV therapy to mitigate this disparity and improve health outcomes for all Californians.” 

“This law is a victory not just for Californians but for all Americans who deserve safe, toxic-free healthcare,” said Suzanne Price, CEO of Breast Cancer Prevention Partners. “Non-toxic alternatives are not only doable, but readily available and cost-effective. There’s no excuse to not make this transition.”

Leading California health systems, including Kaiser Permanente, Loma Linda University Health, and City of Hope, made the change years ago. In fact, Kaiser Permanente successfully converted its entire hospital system to DEHP/PVC-free IV bags and tubing in 2012, demonstrating that a shift to non-toxic materials is both feasible and affordable.

“As hospitals across the U.S. prepare for the impact of California’s new law, this victory represents a shift toward safer, more sustainable medical care—one free from the hidden dangers of toxic chemicals,” added Price.

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Breast Cancer Prevention Partners is the only national science-based policy and advocacy organization focused on preventing breast cancer by eliminating our exposure to toxic chemicals. www.bcpp.org.

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