DEEP DIVE: U.S. FDA Ends Sales of Food Packaging Containing PFAS

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The U.S. Food and Drug Administration (FDA) announced on 28 February 2024 that manufacturers have ceased sales of grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS). While the move was applauded by some, others said the measure was overdue and criticized the FDA for failing to credit state-led efforts to phase out PFAS.

While the original commitment letters the FDA received from the manufacturers said their products containing these food contact substances could take up to 18 months to exhaust their inventory from the last date of sale, most of the companies have already met their objectives to phase out the PFAS-containing products.

“Today's announcement marks the fulfillment of a voluntary commitment by manufacturers to not sell food contact substances containing certain PFAS intended for use as grease-proofing agents in the U.S,” said Jim Jones, Deputy Commissioner for Human Foods. “This FDA-led effort represents a positive step forward as we continue to reevaluate chemicals authorized for use with, and in, food. It underscores an important milestone in the protection of U.S. consumers from potentially harmful food-contact chemicals.”

Melanie Benesh, vice president of government affairs at the consumer advocacy organization the Environmental Working Group (EWG) said the FDA's actions fail to credit the 12 states that have enacted broader bans for their efforts in moving PFAS regulations forward.

“While the FDA’s phaseout is a step forward, it falls short,” Banesh said. “State bans on PFAS in food packaging are already in full force, surpassing the federal mandate. Until June 2025, PFAS-laden products could continue to line store shelves.”

A Brief History of the FDA's PFAS Regulations

In 2020, the FDA engaged companies to cease sales of grease-proofing substances that contain certain types of PFAS following its post-market safety assessment. The research FDA scientists conducted began with testing for 16 types of PFAS, which later extended to 30 types of PFAS. Nearly 800 food samples were tested. The published findings helped the agency obtain commitments from manufacturers to voluntarily phase out the use of these substances containing PFAS in paper and paperboard food packaging products.

In 2021, the Environmental Defense Fund (EDF) circulated a petition of leading scientists and activists calling for the FDA to implement a full ban on all PFAS products that could potentially be absorbed or ingested by the human body.

Research conducted by EWG alleges that the FDA knew about the toxicity of PFAS since at least the 1960s.

“It is amazing how long PFAS manufacturers have continued to profit from wrapping food with these toxic chemicals while knowing about the harm caused by exposure to these chemicals,” said David Andrews, a senior scientist at EWG.

The underlying regulatory structure supporting this initiative is the U.S. Toxic Substances Control Act. At this time, the agreement remains a voluntary one, but it is a component of the Biden Administration's PFAS Strategic Roadmap and its goals to advance environmental justice and mitigate PFAS pollution.

The California Legislature enacted a law in 2021, 1200, that prohibits food packaging made of paper, paperboard, or other plant fibers containing regulated PFAS and went into effect on 1 January 2023.

Industry Impact

This new protocol affects the food packaging industry, including makers of fast-food wrappers, microwave popcorn bags, paperboard containers, and pet food bags.

The FDA has authorized some limited used of PFAS in cookware and food processing equipment.

“Assessing progress of these efforts takes time,” Jones said. “Various parts of the industry are implementing changes and there are lags in data reporting. However, we are encouraged that through collaboration and a shared interest in the health and welfare of the public, together with industry we can achieve positive health outcomes.”