On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances containing per- or polyfluoroalkyl substances (PFAS) are no longer effective.

This action comes on the heels of the agency’s February 28, 2024, announcement that grease-proofing substances containing certain types of PFAS were no longer being sold for food-contact use in the United States as the result of a complete voluntary phase-out by manufacturers of food packaging paper and paperboard that started in 2020. It also follows existing prohibitions on the intentional use of all PFAS in food-contact materials by a number of states, including California and New York. (Some state laws apply only to plant fiber-derived materials such as paper and paperboard, while other cover all materials; some are restricted to food-contact materials, while other include all food packaging.)

Historically, PFAS-containing grease-proofing substances were applied to paper and paperboard to prevent leakage of grease and oil and provide water-resistant properties for items such as microwaveable popcorn bags, fast-food wrappers, paperboard containers for take-out food, and pet food bags. While conferring these very useful oil- and water-resistant properties to food packaging, these substances were a major source of dietary exposure of humans (and their pets) to PFAS, a source that has now been eliminated. Some PFAS are known to produce adverse health effects.

Of the 35 FCNs that are no longer effective, 31 are for PFAS whose stocks are already exhausted from the US market. The remaining four FCNs represent PFAS with currently existing stocks that are to be exhausted by June 30, 2025; all four are manufactured by Asahi Glass Co. and supplied by AGC Chemicals Americas.