SEPTEMBER 202419CHEMICAL INDUSTRY REVIEWInconsistent state laws regarding chemicals in food packaging, concerns about the safety of PFAS chemicals, and the need to address sustainability and regulatory compliance pose significant challenges for manufacturers in the food-contact plastics industry· New York: Food packaging containing intentionally added PFAS has been banned since December 31, 2022.· Oregon: The sale of foodware containers containing intentionally added PFAS will be banned as of January 1, 2025.· Rhode Island: Food packaging with intentionally added PFAS will be banned as of July 31, 2024. This law also specifies that "[t]he use of a regulated chemical as a processing agent, mold release agent, or intermediate is considered intentional introduction...where the regulated chemical is detected in the final package or packaging component." (See FDA comment on the use of PFAS as processing aids above.)· Vermont: Food packages to which PFAS have been intentionally added and are present in any amount have been banned since July 1, 2023. Manufacturing Industry PredicamentsThere is a possibility of more inconsistent restrictions on resins and additives used in food packaging. Another concern is whether substitutes for banned chemicals can be found. Certain chemical bans in some states--such as ones in Washington State and Maine--only go into effect if an alternative is available, but other states do not require a viable option before a ban becomes effective. (For example, Maine law 32 MRS §1733(3-B) directs the state's Department of Environmental Protection to initiate rulemaking to prohibit the use of PFAS in food packaging after determining that safer alternatives are available.)In the face of sustainability measures and growing state mandates regarding post-consumer recycle content, I also closely follow state Attorney General and private litigation that targets recycled materials, serving as potential obstacles to the industry realizing these sustainability goals.Recent Project and Its Success FactorsAs a law firm, we track a myriad of laws and regulations, both in the U.S. and abroad, including those that apply to new technologies. This is to assist companies in the food-contact space with their global compliance plans. For example, as new types of food packaging and FCMs are developed based on technological advances--such as biobased plastics--these technologies must be considered case-by-case. While biobased plastics are required to comply with the same regulations concerning food safety as fossil-based plastics, several regulatory issues need to be considered. These include determining the appropriate food simulants to estimate the potential for migration, demonstrating that the substance is stable for its intended use, and determining whether certain marketing claims for these products comply with guidelines issued by the Federal Trade Commission and state laws regarding these claims.Exciting Technological TrendsThere are many. Advances in active and intelligent packaging; improvements in mechanical strength, barrier performance, and thermal stability of packaging materials; and advances in sustainable packaging. I have also done work in chemistries designed to remediate smoke exposure from wildfires, which has been exciting to follow.
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