Beth Davis, AGG partner and co-chair of the Environmental practice, authored an article published in Food Safety Magazine’s February/March 2025 issue that provides insights on what food producers and packagers should know about recent PFAS regulatory updates.
Per- and polyfluoroalkyl substances (“PFAS”), or “forever chemicals,” have gained attention in recent years due to concerns about their widespread presence and potential health risks, Beth explains. Having been produced commercially since the 1940s, PFAS have applications in various industries, and due to their resistance to breaking down in the environment, have been found in soil, drinking water, and wildlife.
FDA’s regulatory framework to date has only addressed PFAS in limited contexts and, as of the article’s publication, there were no regulatory enforcement mechanism for the use of these PFAS compounds in food packaging. Though some manufacturers of PFAS have agreed to stop selling them for food packaging, the existing quantities aren’t going away anytime soon.
A handful of states are working to regulate PFAS in food distribution and packaging, and we can expect changes in regulation by FDA as more information becomes available, Beth said. Litigation trends have suggested that we can expect more creative litigation in regard to PFAS risks into the future.
“FDA’s and EPA’s regulation of PFAS is developing, and it is an important consideration for food producers and packagers,” Beth concludes. “…Even without regulatory expansion, food producers and packagers should be wary of litigation trends showing creative efforts to craft and pursue claims associated with exposure to PFAS in food packaging.
To view the full article, you may click here.
- Elizabeth B. Davis
Partner
