On February 17, 2021, the Toxics in Packaging Clearinghouse (TPCH) announced the organization’s 2021 update to their Model Toxics in Packaging Legislation. In June 2020, TPCH requested comments on a draft version of the update (FPF reported). The update adopted most of the proposed changes to the draft, such as adding per- and polyfluoroalkyl substances (PFAS) and ortho-phthalates as regulated chemicals, as well as proposing stricter limits for heavy metals, led, cadmium and mercury. Notably, the update recommends US states enforce a “prohibition of sale or distribution of a package or packaging components containing PFAS.” This is defined as being any “package or packaging component to which PFAS has been intentionally introduced during manufacturing or distribution in any amount.” In addition, the model specifies that “there shall be no detectable PFAS in any package or packaging component.”

The TPCH serves as a model for US states to consider when drafting their own regulations on toxic chemicals in packaging, and it has no legal effect unless it is passed by a state’s legislature. Previous versions of the legislation have served as a basis for packaging laws in several US states. 

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Toxics in Packaging Clearing House (February 18, 2021). “New! 2021 Update to TPCH Model Legislation.”

SGS (February 23, 2021). “US TPCH strengthens model legislation on toxics in packaging.

Keller and Heckman LLP (March 1, 2021). “Updated Toxics in Packaging Legislation Adds PFAS and Phthalates.”