Minnesota Senator Heather Gustafson (DFL-36) has introduced a bill that would require manufacturers of packaged foods to test their products for phthalates.

If passed, the bill, Senate File (SF) 188, would take effect July 1, 2026. It would require packaged food manufacturers to test products for levels of ortho-phthalates and submit a notice to the state Department of Agriculture disclosing the results, along with details about the product and the testing methods used.

Additionally, food manufacturers or brands that sell or distribute a packaged food product in the state would be required to make testing results of all packaged food products publicly available by posting the results online. The website must be easily found by a consumer and must include the name and barcode of the product, the testing results for phthalates, and information about how the products were tested. Packaging for products must also display a QR code that links consumers to phthalate testing results published online.

Phthalates are chemicals used to make plastics more flexible, durable, and transparent. They have have been an increasingly popular topic of discussion among legislators and consumer protection groups.

At present, nine phthalates are approved by FDA for use in food contact materials. There is evidence linking phthalates to birth defects, infertility, preterm birth, impaired childhood neurodevelopment, and other adverse effects to human health. Additionally, a growing body of research has shown that plasticizers are endocrine disruptors.

Food is a major route of exposure to phthalates. In January 2024, testing conducted by Consumer Reports found the presence of phthalates in nearly every food that was sampled. The chemicals can get into food through packaging, but also from exposure to plastic in tubing, conveyor belts, and gloves used during food processing. Phthalates can also enter directly into meat and produce through contaminated water and soil.

In October 2024, U.S. Senators wrote a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf, M.D., urging the agency to revoke its authorization for phthalates in food contact materials.

A lawsuit was filed against FDA in December 2024 regarding the agency’s denial of petitions to ban phthalates in food contact materials. However, FDA did revoke authorizations for the food contact use of 23 phthalates in 2022.