On July 9, 2020, the Toxics in Packaging Clearinghouse (TPCH) announced a request for comments on a proposal to update the group’s model legislation for toxic chemicals in packaging that would add per- and polyfluoroalkyl substances (PFAS) and ortho-phthalates as regulated chemicals. The update further suggests the creation of new processes with criteria for identifying other “chemicals of high concern” in packaging.

Specifically, the changes would not allow PFAS to be present in packaging above the detection limit, and ortho-phthalates may only be unintentionally present in packaging up to 100 ppm. Criteria for identifying further chemicals of high concern are set to include credible scientific evidence of a substance (i) having known developmental or health effects, (ii) being persistent, bioaccumulative, and toxic (PBT) or very persistent and very bioaccumulative (vPvB), and (iii) being detected via biomonitoring studies in human fluids or issues.

The TPCH is a coalition of 9 US states that have developed the model legislation, which has since been enacted in 19 US states. The existing model legislation sets a limit on the presence of a set of metals in all finished packaging, and the proposed changes are currently open for comment until August 24, 2020.

Read More

TPCH (July 9, 2020). “Model Legislation.”

Kelly Franklin (July 13, 2020). “US states coalition targets use of phthalates, PFASs in packaging.” Chemical Watch

Keller and Heckman LLP (July 16, 2020). “Proposed Update to Toxics in Packaging Legislation Includes PFAS and Phthalates.”

Jon Kelvey (September 16, 2020). “Industry groups caution against overbroad approach to limit PFAS in packaging.” Chemical Watch


TPCH (July 9, 2020). “TPCH Requests Comments on Updates to their Model Legislation for Toxics in Packaging.” (pdf)