In an article published on April 23, 2019, non-governmental organization (NGO) Environmental Defense Fund (EDF) reported on a decision by the U.S. Food and Drug Administration (FDA) to deny a request submitted by nine NGOs for a public hearing to challenge earlier conclusions reached by the agency on use of the chemical perchlorate (CAS 14797-73-0) in food packaging (FPF reported). The FDA’s published decision reads “as the 2017 denial states, the petitioners’ [requests] are not within the scope of a food additive petition. Therefore, the provision for objections and public hearing . . . does not apply.”

Tom Neltner from EDF commented on the agency’s decision saying “it is outrageous that FDA took almost two years to simply reaffirm its flawed interpretation of the law. The agency originally agreed that a 2014 petition to ban perchlorate was properly filed and asked for public comments. FDA then changed its view of the law in its May 2017 denial of the petition” (FPF reported). The NGOs that submitted the petition are reported to now be considering their legal options to challenge the FDA’s decision in court.


U.S. Federal Register (April 24, 2019). “Natural Resources Defense Council et al.: Response to the Objections and Denial of the Requests for a Public Hearing.”

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EDF (April 25, 2019). “FDA refuses request to ban brain-damaging chemical from food packaging.”

Lisa Martine Jenkins (April 25, 2019). “US FDA refuses consumer advocates’ request for perchlorate hearing.” Chemical Watch