Senate Bill Would Make PFAS Ban in Food Packaging Federal Law

A bipartisan Senate bill introduced in late September would prohibit manufacturers from intentionally adding PFAS to food packaging, delivering the first federal restriction on the so-called forever chemicals in food contact materials.

Sens. Maggie Hassan, D-N.H., and Tommy Tuberville, R-Ala., reintroduced the Keep Food Containers Safe from PFAS Act, according to Packaging Dive. The move follows the July introduction of a similar bill in the House by Rep. Debbie Dingell, D-Mich.

If passed, the Senate bill would amend the federal Food, Drug, and Cosmetic Act. The PFAS ban would take effect Jan. 1, 2028.

Hassan first introduced the Keep Food Containers Safe from PFAS Act in 2021. The following year it passed the Senate Committee on Health, Education, Labor and Pensions as an amendment to the FDA Safety and Landmark Advancements Act of 2022, then stalled.

Market Has Already Moved

Per- and polyfluoroalkyl substances have been used in the United States for more than 80 years. But the scientific understanding and technical instrumentation needed to test for these chemicals at very low concentrations did not come into play until 2012, according to the U.S. Food and Drug Administration.

Discussions about PFAS have intensified since then, especially in the last five years. In packaging, PFAS resist grease, oil, heat and water, which made them a staple in fiber-based fast food wrappers and containers.

Many packaging companies have already moved. A range of manufacturers have voluntarily phased out PFAS and are developing alternatives. Restaurants including Burger King, McDonald's and Starbucks similarly committed to voluntary phaseouts. The chemicals have also drawn scrutiny in packaging for microwave popcorn and pet food.

States Fill the Federal Gap

No federal restrictions on PFAS in food packaging currently exist. More than a dozen states have passed their own bans. California, Colorado, Maine and Washington have already begun phasing in packaging restrictions. Regulations in Maryland, Massachusetts and New Mexico take effect within the next couple of years.

The FDA has taken partial steps. In 2024, the agency announced that PFAS-containing grease-proofing substances used on paper-based food packaging are no longer being sold by manufacturers for food contact in the U.S. market. Last year, the agency said nearly three dozen food-contact notifications regarding PFAS are no longer effective, mainly because chemical manufacturers ceased production of those products.

The FDA has not imposed a federal ban. In June, the agency denied a citizen petition seeking regulatory limits for PFAS in certain foods. Around that time, the FDA said it is working to establish acceptable levels for PFAS in bottled water. Proponents of the Senate bill cite the FDA's lack of movement on federal PFAS regulation as a key reason for advancing the legislation in Congress.

The bill would "quickly eliminate an avoidable source of PFAS exposure after years of FDA inaction," Melanie Benesh, vice president of government affairs at Environmental Working Group, told Packaging Dive via email. "Now is the time to finish the job and protect all Americans from these chemicals, some of which have been linked to cancer, developmental issues, reproductive harm and other health problems."

Regulatory Headwinds

Hassan has pressed the issue on other fronts. In August, she hosted a meeting to discuss PFAS topics amid the Trump administration's work to roll back certain PFAS regulations. In May, the U.S. EPA said it would formally rescind Safe Drinking Water Act regulations for four types of PFAS set under the Biden administration.

The PFAS packaging bill is one of several chemical-related packaging measures now in play. Last week, a team of senators jointly reintroduced the Banning Toxics from Plastic Bottles Act, which would prohibit the sale of plastic beverage containers containing PFAS and other toxic substances. In June, the No Toxics in Food Packaging Act was introduced in the House, seeking to ban chemicals including PFAS, ortho-phthalates and BPA from food packaging and food processing materials.

The legislative calendar is tight. Later this week, the Senate begins a recess scheduled to last through the midterm elections in November. The House has already adjourned until after the midterms. This session of Congress ends Jan. 3, leaving lawmakers a narrow window to act before the bill would need to be reintroduced in the next session.