State action on PFAS is ongoing, and many states are currently seeking to adopt new rules for PFAS in food packaging or expand the scope of existing laws
In response to emerging scientific and medical data concerning the ubiquity of thousands of per- and polyfluoralkyl substances (PFAS) used worldwide for many decades, academia, the media, and virtually every branch of state and federal government are focused on reducing exposure, assessing the risk, and allocating responsibility. New regulations and laws concerning PFAS have impacted nearly all industries, and the food industry is no exception.
Notwithstanding the heightened focus on these chemicals and their widespread use in food processing and packaging, the U.S. Food and Drug Administration (FDA) has not yet established maximum levels in food for PFAS. At present, FDA exercises discretion on a case-by-case basis to determine whether substances present in a food product render it adulterated or misbranded under the Federal Food, Drug, and Cosmetic Act (FDCA). For example, in March 2024, prompted by testing data on food, FDA issued an Import Alert to detain food products with PFAS (and other chemicals) on the grounds that they "may render the product injurious to health."1