Core Summary

  • Congressional Democrats this weekintroduced《the Food Packaging Toxin-Free Act, which proposes banning specific chemicals such as phthalates, PFAS, bisphenol A, and styrene polymers from food packaging and food processing materials.
  • The bill also requires ensuring these chemicals are not replaced by problematic substitutes and considers the protection needs of vulnerable groups.
  • This federal legislation does not seek to replace state toxic substance regulations. Currently,multiple states have already bannedPFAS in food packaging, withlaws in Illinois and Mainehaving taken effect this year.

In-Depth Analysis

The bill is co-sponsored by Senator Richard Blumenthal (D-Conn.) and Representatives Jan Schakowsky (D-Ill.) and Rosa DeLauro (D-Conn.), with nearly ten additional co-sponsors. Supporters include the Environmental Defense Fund, the Center for Environmental Health, Consumer Reports, Beyond Plastics, and the Natural Resources Defense Council.

Schakowsky said in a statement: "Consumers should be able to trust that the food on their tables is safe. Yet, harmful chemicals linked to cancer, hormonal disruption, and other serious health risks are still used in food packaging, exposing Americans to unnecessary dangers. These toxic substances should never be near our food."

The Food Packaging Toxin-Free Act identifies the following substances as unsafe food contact substances:

  • Phthalates
  • Per- and polyfluoroalkyl substances (PFAS)
  • Bisphenol A, B, S, F, or AF and related compounds
  • Acrolein
  • Acrylamide
  • BHA (butylated hydroxyanisole)
  • Chlorinated paraffins
  • 1,4-Dioxane
  • Asbestos
  • Benzene
  • Chloroform
  • Dichloromethane
  • Ethylene oxide
  • Formaldehyde
  • Styrene polymers

Aprevious versionof the bill was introduced in 2023 but made no progress. DeLauro said in a statement that American consumers are "increasingly aware that a large number of toxic substances frequently contaminate their food."

An analysis released by the Environmental Defense Fund last Decemberpointed outthat among substances the U.S. Food and Drug Administration (FDA) allows for food contact uses, there are 8 known human carcinogens and 17 possible human carcinogens. The Netflix documentary "The Plastic Detox" further highlighted related issues this year, exploring the link between plastic exposure and infertility. Groups such as the American Chemistry Council said the film omittedkey context。

A decade ago, public interest groups submitted a citizen petition to the FDA seeking to ban certain phthalates for food contact uses, but it was unsuccessful. After years of back-and-forth,the FDA again denied in 2023a petition requesting it to reconsider its 2016 denial of the citizen petition.

Last month, the FDA released ascientific assessment of eight phthalates, which are currently authorized as plasticizers for food contact uses. The agency is seeking to determine whether these chemicals should be grouped together for future cumulative risk assessments. The FDA also stated that it will soon conduct post-market safety assessments for food contact users of phthalates.