Dive Brief:
- Congressional Democrats this week introduced the No Toxics in Food Packaging Act, which seeks to ban certain chemicals from food packaging and food processing materials, including ortho-phthalates, PFAS, BPA, styrene polymers and others.
- The bill also calls for ensuring these chemicals aren’t replaced by problematic alternatives, and to consider vulnerable populations.
- The federal legislation does not seek to preempt states’ toxics regulations. Numerous states have banned PFAS from food packaging, with laws in Illinois and Maine taking effect this year.
Dive Insight:
The bill is sponsored by Sen. Richard Blumenthal, D-Conn., and U.S. Reps. Jan Schakowsky, D-Ill., and Rosa DeLauro, D-Conn., with nearly a dozen co-sponsors. Supporters include the Environmental Defense Fund, Center for Environmental Health, Consumer Reports, Beyond Plastics, the Natural Resources Defense Council and others.
“Consumers should be able to trust that the food they put on their tables is safe. Yet harmful chemicals linked to cancer, hormone disruption, and other serious health risks continue to be used in food packaging, exposing Americans to unnecessary dangers. These toxic substances have no place anywhere near our food,” Schakowsky said in a statement.
The No Toxics in Food Packaging Act deems the following unsafe as food-contact substances:
- Ortho-phthalates
- Perfluoroalkyl or polyfluoroalkyl substances (PFAS)
- Bisphenol A, B, S, F, or AF or related compounds
- Acrolein
- Acrylamide
- BHA (tert-Butyl-4-hydroxyanisole)
- Chlorinated paraffins
- 1,4-Dioxane
- Asbestos
- Benzene
- Chloroform
- Methylene chloride
- Ethylene oxide
- Formaldehyde
- Styrene polymers
A previously introduced version of the bill did not gain traction in 2023. DeLauro said in a statement that American consumers are “waking up to a vast number of toxic substances that contaminate their food regularly.”
Environmental Defense Fund shared an analysis last December indicating there are eight known human carcinogens and 17 probable human carcinogens that FDA allows for food-contact use. The Netflix documentary The Plastic Detox, which examined connections between plastics exposures and infertility, further spotlighted related issues this year. Groups like the American Chemistry Council have said the film leaves out critical context.
Ten years ago, public interest groups unsuccessfully petitioned FDA for a ban on food-contact use of certain phthalates. After years of back and forth, in 2023 FDA again shot down a petition that had asked the agency to reconsider its previous denial of the 2016 citizen petition.
Last month, FDA released a scientific evaluation of the eight phthalates currently authorized as plasticizers for food-contact use. The agency seeks to determine whether these chemicals should be grouped together for a future cumulative risk assessment. FDA noted an upcoming postmarket safety assessment of food-contact users of phthalates.
