FDA Rejects Environmental Group's Request to Reconsider a Ban on Phthalates in Food-Packaging

July 24, 2023
Agency says it met requirements for consideration in the original ruling.

The U.S. Food and Drug Administration on Friday denied a petition by an environmental group asking the agency to reconsider its request to ban the use of certain ortho-phthalates in food-packaging material.

The citizen petition originally filed by Earthjustice in 2016 asked the FDA to prohibit the use of eight ortho-phthalates in food and revoke the prior-sanctioned uses for five ortho-phthalates in food. The FDA first denied the petition on May 12, 2022.

In its petition to reconsider, Earthjustice stated that the FDA’s response to the original petition didn’t consider relevant information and views contained in the administrative record. The FDA denied the second request, stating that the group failed to demonstrate that the agency did not adequately address relevant information or views contained in the administrative record.

Ortho-phthalates, often referred to as “phthalates,” are chemicals used in plastic products, including PVC and vinyl, to make the material soft and less brittle.

Earthjustice claims that “phthalates are linked to birth defects, infertility and miscarriage.” The environmental group also states on its website that the substance can impact child brain development and disproportionately impacts people of color and economically disadvantaged groups.  

The FDA stated that it will continue to inform the food industry and the public regarding its activities on phthalates in food packaging and food contact applications via the agency’s phthalates website.

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