On July 21, 2023, the U.S. Food and Drug Administration (FDA) denied a petition requesting that the agency reconsider its denial of a citizen petition issued May 19, 2022.  The petition requested a ban on the use of eight ortho-phthalates (phthalates) and revocation of the prior sanctioned uses for five ortho-phthalates in foods based on alleged safety concerns.

Phthalates are chemicals used in plastic products (most commonly in polyvinyl chloride (PVC or vinyl)) to make the material soft and less brittle.  Some phthalates may be used in food packaging or other minor food contact uses such as components of adhesives, lubricants, and sealants.

FDA concluded that the reconsideration petition does not provide a basis for modifying the FDA’s response to the original petition.  FDA states that it “adequately considered relevant information and views contained in the administrative record when responding to the original citizen petition.”  FDA has stated that evidence suggests that at this time the use of phthalates in food contact applications is limited and consumer exposure to phthalates from food contact uses is decreasing.