On July 21, 2023, the US Food and Drug Administration (FDA) for the second time denied a citizen petition to ban eight ortho-phthalates in food contact. In its announcement, the FDA states “[w]e evaluated the reconsideration petition and concluded that it does not provide a basis for modifying the FDA’s response to the original citizen petition.”
Earthjustice asked for a reconsideration of the petition with new evidence after FDA denied the original petition in May 2022 (FPF reported).
The petition has gone through years of back-and-forth between civil society organizations and the FDA, with the US Congress stepping in as well. Civil society organizations had put forward the petition in 2016 based on concerns about the human health effects of phthalates that migrate into food from packaging and processing equipment (FPF reported). The FDA is legally supposed to respond to a petition within 180 days. The organizations called for a response from FDA in 2019 (FPF reported) and finally sued the agency in 2021 (FPF reported). After the legal suit, members of Congress also demanded that the FDA formally respond (FPF reported).
Reference
US FDA (July 21, 2023). “FDA responds to petition on phthalates in food packaging and food contact applications.”
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Earthjustice (July 21, 2023). “FDA allows ongoing use of toxic chemicals that leach into food and drinks.”
