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What do PFAS Actions Tell us About State Regulatory Officials?

Last month we looked at some recent FDA action against perfluoroalkyl and polyfluoroalkyl substances, aka PFAS, some of which are used in grease-resistant coatings in paper and paperboard. Turns out, there’s a fair amount of state-level action as well.

Eric G

For one thing, the organization who brought us the model toxics law back in the 1990s that prohibited intentional use of four heavy metals in packaging, is considering amending their model law to include PFAS and phthalates.

The group is called the Toxics in Packaging Clearinghouse, and recently they sent out their draft amendments to the Toxics in Packaging Model Legislation for comments. If they finalize the model, presumably numerous member states will make it law, similar to the pattern seen with the quick adoption of the heavy metals restrictions, which are now law in 19 states.

But as they branch out from the limitation of heavy metals in packaging—relatively non-controversial and adopted quickly—to PFAS in packaging, there is reason to be concerned that these state officials might not be led by strong science about chemical safety, or due concern with the practical effects of their actions.

What they’re considering is expansion of the law’s applicability from heavy metals to other substances in packaging if they think they pose a risk. They were inspired in part by actions that the states of Maine and Washington have already taken. The clearinghouse’s past actions against heavy metals in packaging have become a fixture in packaging product stewardship considerations worldwide.

The newer draft model law calls for the “Prohibition of sale or distribution of a package or packaging components containing PFAS.” After the law’s effectiveness date, “a manufacturer, supplier or distributor may not offer for sale or for promotional purposes a package or packaging component to which PFAS has been intentionally introduced during manufacturing or distribution in any amount. There shall be no detectable PFAS in any package or packaging component.”


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