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A Chain of Changes

In this column, we will check in with several topics, and as it happens, the topics flow from one to the next like a chain of crucial information for packagers.

Eric Greenberg, Attorney-at-Law, Packaging World Contributing Editor
Eric Greenberg, Attorney-at-Law, Packaging World Contributing Editor

1. An organization called the Toxics in Packaging Clearinghouse has been known since the 1990s as the source of an influential model state law that put limits on four heavy metals in packaging (lead, cadmium, mercury, and hexavalent chromium). Though only adopted in 19 U.S. states, the model law’s prohibition on intentional addition, and a total limit of 100 ppm of the four heavy metals, have become a worldwide fixture in product stewardship and guarantee documentation for packaging.

Now the TPCH has updated its model legislation, most notably by adding “the class of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and ortho-phthalates as regulated chemicals.” 

Under the newly changed law, a package or packaging component would be prohibited if “PFAS has been intentionally introduced during manufacturing or distribution in any amount,” and “There shall be no detectable PFAS in any package or packaging component.” How exactly that standard can be met is unclear (see below re baby food).

The new model law also would prohibit sale or distribution of a package or of packaging components containing intentionally added phthalates, and the incidental levels of them couldn’t exceed 100 ppm by weight. The revised law also sets general safety standards for chemicals used to replace the limited ones.

The impact of this change won’t be fully known until individual states adopt these new provisions, but the change could represent important new burdens.

2. Speaking of heavy metals, a Congressional committee issued a report in February alleging that many manufactured baby foods contain heavy metals as impurities, and that the levels were dangerous. The report said that neither manufacturers nor FDA were doing enough to limit the levels.

In response, FDA said that “Toxic elements, such as arsenic and lead are present in the environment and may enter the food supply through soil, water or air,” so they can’t be “completely avoided” in food, even organic food.

It further noted, “The FDA has been actively working on this issue using a risk-based approach to prioritize and target the agency’s efforts. Consumers should know that FDA scientists routinely monitor levels of toxic elements in baby foods,” and others. When toxic elements “present a potential health concern, the FDA takes steps to reduce levels, such as using science to set action levels, making data public, and working with industry on identifying effective mitigation strategies.” (All you folks who think “regulation” is always bad: This is regulation. Do you want FDA to stop doing this?)

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