The clock has formally run out on the FDA’s phase-out of PFAS (per- and polyfluoroalkyl substances) in sure meals packaging purposes. As authorized stress builds towards high meals manufacturers, meals manufacturing leaders should act swiftly to mitigate each regulatory and litigation dangers.
The FDA’s PFAS deadline has handed: Ultimate phase-out is right here
On January 6, 2025, the U.S. Meals and Drug Administration declared that 35 Meals Contact Notifications (FCNs) for PFAS-based grease-proofing brokers in paper meals packaging are not efficient. This marks the tip of a voluntary phase-out course of that started in 2020, when producers agreed to cease promoting these substances.
Whereas the choice went into impact in January, the FDA allowed producers to make use of present stock by means of June 30, 2025. That grace interval has now expired.
Key implications for producers:
- PFAS-coated wrappers, liners, and bins are not approved to be used in meals contact supplies.
- The FDA is actively monitoring compliance with new analytical testing strategies.
- Non-compliant firms could face regulatory motion or be compelled to situation recollects.
Hershey lawsuit alerts authorized dangers for meals manufacturers
Whereas regulatory enforcement will increase, litigation dangers are already unfolding. As of July 2025, Hershey’s is dealing with lawsuits alleging that PFAS had been current in its meals packaging — particularly in chocolate bar wrappers.
Highlights from the lawsuit:
- Plaintiffs argue the presence of PFAS makes Hershey’s merchandise “misbranded” or “adulterated” beneath federal legislation.
- Claims embody financial damages primarily based on client deception and well being dangers.
- The case units a precedent for a way PFAS contamination — intentional or not — can expose firms to class motion lawsuits.
This lawsuit underscores a broader trade problem: even hint quantities of PFAS — migrating from packaging — can gas authorized claims tied to security, misrepresentation, and client hurt.
4 important motion steps for meals producers utilizing PFAS
With each authorized and regulatory threats in play, meals firms should transfer decisively to remove PFAS threat throughout their provide chains.
1. Audit all packaging and components
- Conduct a complete audit of all food-contact supplies, particularly paperboard and liners.
- Request up to date certifications or declarations from all packaging suppliers relating to PFAS content material.
2. Remove PFAS from all operations
- Discontinue any use of legacy packaging with grease-proof coatings containing PFAS.
- Change with verified PFAS-free alternate options, together with bio-based coatings or recyclable movies.
3. Construct a paper path of compliance
- Keep provider attestations, inside testing outcomes, and third-party certifications.
- Use documentation to reveal a “affordable certainty of no hurt,” which is important for each FDA compliance and authorized protection.
4. Monitor authorized and regulatory developments
- Observe state-level PFAS bans — lots of that are stricter than federal rules.
- Set up a system to reply rapidly to authorized threats, together with buyer complaints, NGO scrutiny, or lawsuits.
Compliance is not non-compulsory
Between FDA deadlines and the increasing authorized panorama, meals producers should take a proactive strategy to PFAS:
- The regulatory window has closed as of June 30, 2025.
- Class motion dangers are actual — and increasing past apparent use instances.
- Corporations that take steps now to audit, exchange, and doc can higher defend themselves from fines, recollects, and lawsuits.
Briefly, the trade has entered a brand new period of scrutiny round chemical security in packaging. Those that act now to remove PFAS — and talk that dedication — is not going to solely cut back threat however acquire a aggressive edge in a transparency-driven market.
