Forget forever chemicals: US Senate Committee passes amendment to ban PFAS in food packaging

15 Jun 2022 --- The US Senate Committee on Health Education Labor and Pensions (HELP) has passed a bipartisan amendment to ban the use of PFAS (perfluoroalkyl or polyfluoroalkyl substances) chemicals in food packaging. The so-called “forever chemicals” are commonly used in paper packaging as water-repellent and grease-proofing treatments but have been linked to a wide range of health issues, including a weakened immune system.

The committee voted 13-9 in favor of the Keep Food Containers Safe From PFAS Act, which passed as an amendment to the FDA Safety and Landmark Advancements Act of 2022. The Act was offered by Senator Maggie Hassan (Democrat-New Hampshire) with the support of Senator Lisa Murkowski (Republican-Alaska).

Liz Hitchcock, director of Safer Chemicals Healthy Families, tells PackagingInsights: “The bill next goes to the Senate floor for a vote and will be conferenced with the House version of the bill before it is signed into law. We hope that both chambers will act quickly.”

“The best way to stop PFAS from contaminating drinking water, breast milk, wildlife, and people is to end its use in everyday products like food packaging. We applaud the Senate HELP committee for adopting this commonsense provision to take PFAS off the menu and look forward to working with the sponsors to see it all the way to the President’s desk.”

“As states and retailers move away from packaging with PFAS, more alternatives are becoming available.” The organization details safer alternatives to PFAS in a fact sheet on its website.

State governments are taking legislative and regulatory actions to phase out PFAS. For example, laws in Maine and Washington have given state agencies authority to ban PFAS in a wide range of products. Nine states (California, Colorado, Connecticut, Maryland, Maine, Minnesota, New York, Vermont, and Washington) have enacted state bans on PFAS in food packaging.Restaurant Brands International – the owner of Burger King, Popeyes, and Tim Hortons – has pledged to eliminate PFAS from food packaging globally by 2025.

Fast-food giants react
Retailers are increasingly adopting safer chemicals policies to reduce or eliminate PFAS in crucial product sectors, according to the annual Retailer Report Card published by Toxic-Free Future’s Mind the Store program.

In response to the program, 22 retailers selling food or food packaging have announced steps to reduce or eliminate PFAS in food packaging at more than 140,000 stores worldwide, including Burger King, McDonald’s, Starbucks, Whole Foods Market, and other major retailers.

McDonald’s and Burger King are facing class-action lawsuits in the US for using PFAS chemicals in their packaging. The fast-food chains are accused of fraud, misrepresentation and false advertising for claiming the food they serve is safe. However, no specific examples of consumer harm are included in the lawsuits.

“Fast-food giants like McDonald’s, Burger King, and Starbucks are already banning PFAS, so the marketplace is moving,” says Mike Schade, director of Mind the Store. “The federal government must level the playing field to ensure all Americans are protected from these forever chemicals.”

Public health problems
PFAS chemicals are not known to break down in the environment and can easily move through soil to drinking water. Health concerns related to PFAS use include decreased vaccine response, cancer, increased cholesterol levels, pregnancy-induced hypertension, liver damage, reduced fertility, and increased risk of thyroid disease.PFAS chemicals can easily move through soil to drinking water (Infographic credit: Toxic-Free Future).

A 2020 report by Toxic-Free Future found major fast-food chains such as McDonald’s, Burger King, and Wendy’s likely serve up toxic PFAS with some of their most popular takeout foods. A 2018 report also indicated the presence of PFAS in food packaging at top grocery store chains.

A recent peer-reviewed study by Toxic-Free Future found PFAS in 100% of breast milk samples tested. Moreover, Toxic-Free Future’s 2021 investigative report revealed that a PFAS manufacturing facility is a significant source of PFAS pollution and ozone-depleting chemicals that contribute to health problems and climate change.

“The federal government is finally following the states’ lead and stepping up to the plate,” adds Sarah Doll, national director of Safer States. “States across the country have been adopting bi-partisan laws that protect communities from toxic ‘forever’ chemicals. State-led efforts will continue to grow, and we need complementary federal actions like this to solve the PFAS pollution crisis we are now facing.”

In April, the EU announced that it will ban the use of harmful chemical groups like PFAS, bisphenol and PVC by 2030. The political commitment, which has not yet been enacted, is expected to drastically diminish human and environmental health damage and save billions of dollars in associated costs.

By Joshua Poole