FDA upholds decision on Phthalates in food contact materials despite controversy

The United States Food and Drug Administration (FDA) has upheld its decision to not ban the use of eight ortho-phthalates in food contact materials— a decision that has been met with controversy and concern from environmental and health advocacy groups. The FDA made its announcement on July 21, 2023, marking the second time it has rejected a citizen petition to prohibit these substances.    

Ortho-phthalates, commonly referred to as phthalates, are chemicals often used to soften and reduce the brittleness of plastic products, particularly polyvinyl chloride (PVC). The petition in question, initially submitted in 2022 and subsequently denied, called for the ban of eight such phthalates and the revocation of prior sanctioned uses for five of them, citing alleged safety concerns.    

The FDA stated that the reconsideration petition "does not provide a basis for modifying the FDA’s response to the original citizen petition." According to the agency, it had adequately considered all relevant information when responding to the initial petition and had also evaluated the information submitted in the reconsideration petition. Despite the FDA's reassurance that it will continue to keep the food industry and the public informed about phthalates, their decision remains a contentious issue.    

Environmental organization Earthjustice, which had asked the FDA to reconsider its original decision, expressed disappointment and concern over the decision. The organization argues that the FDA's refusal to ban the use of phthalates leaves vulnerable populations, particularly Black and Latino communities, and economically insecure individuals, exposed to harmful, hormone-disrupting chemicals.    

Studies link phthalates to a wide range of health issues, including preterm birth, birth defects, infertility, miscarriage, breast cancer, diabetes, and asthma. They are also believed to interfere with the developing brain, potentially causing reduced IQ, attention disorders, and behavioral issues in children. Young children and babies are believed to be the most at risk.    

In 2016, a coalition of health and environmental advocates petitioned the FDA to ban the use of phthalates in food packaging and production. The FDA, however, deferred its decision for several years before finally denying the petition in May 2022.    

The ongoing controversy surrounding the use of phthalates in food contact materials reveals a wider debate about the safety of these chemicals. According to Earthjustice, it also poses serious questions about the FDA's role in protecting public health, particularly in the light of new scientific evidence. The decision's impact on vulnerable populations, in particular, underscores the pressing need for further research and policy reform in this area.      

 

Sources:    

FDA

Earthjustice