The U.S. Food and Drug Administration said Friday it will not reconsider limiting certain ortho-phthalates in food packaging, maintaining a prior stance.
FDA denied a petition asking the agency to reconsider its previous denial of a citizen petition that originally sought a ban on eight ortho-phthalates and a revocation of prior-sanctioned uses for five ortho-phthalates for food packaging and production equipment.
The chemicals can be used to soften plastics. Nonprofit litigator Earthjustice, which followed up with FDA on behalf of a group of health and environmental advocates, said the request to reconsider came in light of “mounting scientific evidence that phthalates in food cause serious health harm.”
“The FDA’s decision to deny the original petition remains unchanged,” according to a release from the agency’s Center for Food Safety and Applied Nutrition. “We will continue to keep the food industry and the public informed of updates related to our activities on phthalates in food packaging and food contact applications.”
Researchers have linked phthalates to a range of health effects including fibroid tumors in women, notably in cases of high exposure to certain chemicals, and to preterm births, the risk of which may increase with greater exposure through eating or drinking foods that have been in contact with phthalates.
Environmental Defense Fund, Center for Food Safety and Center for Environmental Health were among the groups that petitioned the FDA to ban companies’ use of certain phthalates in plastic for these applications in 2016. Earthjustice is currently evaluating what next steps, if any, would be appropriate in its litigation, according to a spokesperson.
Outside of FDA, some other authorities have taken their own action against phthalates. For example, a law in Maine took effect last year prohibiting the sale of food packaging that contains intentionally introduced phthalates.
Similar to with other chemicals of concern, such as Bisphenol A (BPA) or per- and polyfluoroalkyl substances (PFAS), some companies have opted to voluntarily phase out phthalates. For instance, as part of its sustainable packaging policy, Yum Brands is committed to removing added phthalates, along with BPA and PFAS, from all of its brands’ packaging by 2025.
