In an article published on October 30, 2019, by Chemical Watch, reporter Lisa Martine Jenkins informed that on October 29, 2019, “a group of six NGOs has filed a lawsuit against the U.S. Food and Drug Administration (FDA) over the agency’s denial of their petition to ban the use of perchlorate [in antistatic agents used] in food packaging.” The suit seeks “for the court to invalidate the petition denial and compel the FDA to reassess the issue.” Lisette van Vliet from Breast Cancer Prevention Partners said that it is “now time that the FDA answer in court for not protecting our health” (FPF reported).
Perchlorate is suspected to harm brain development (FPF reported), thus being of particular concern with regards to child exposure (FPF reported). A total diet study published by the FDA in 2016 found higher perchlorate levels in foods sampled in 2008-2012 compared to 2003-2006, suggesting a correlation with the increased use of perchlorate in food packaging following its authorization in 2005 (FPF reported). The original NGO petition to the FDA was filed in 2015 (FPF reported), followed by a 2016 lawsuit filed by NGOs against the agency “over its failure to act” (FPF reported). After repeated delays (FPF reported), FDA finally “denied the petition in 2017” (FPF reported). Subsequently, the NGOs filed an objection (FPF reported), which the FDA also rejected in April 2019 (FPF reported).
Lisa Martine Jenkins (October 30, 2019). “US FDA sued over rejected perchlorate FCM petition.” Chemical Watch
Center for Food Safety (October 29, 2019). “Center for Food Safety, groups sue to force FDA to ban toxic chemical in food packaging.”
Tom Neltner (October 29, 2019). “EDF joins court challenge of FDA’s refusal to ban use of perchlorate in food contact materials.” EDF Health
Natural Resources Defense Council (October 30, 2019). “Rocket fuel chemical doesn’t belong in food packaging.” EcoWatch
Jessi Devenyns (October 30, 2019). “Health and environmental groups sue FDA again to ban perchlorate.” Food Dive