Environmental groups sue FDA over agency’s refusal to restrict phthalates
A coalition of environmental groups has sued the US Food and Drug Administration (FDA) over the use of highly toxic phthalates in plastic food packaging because the chemicals have been found to leach at alarming rates and present a serious health risk, especially for developing children.The suit is the latest salvo in an ongoing eight-year battle in which advocates have pressured the FDA to ban the chemicals’ use in food packaging, but the agency has sided with industry that opposes the calls. Since 2016, the FDA has either illegally ignored petitions or rejected demands to revoke a 40-year-old authorization for the chemicals that is based on long-outdated science.The health groups in a statement called the FDA’s refusal to restrict the chemicals “unconscionable”.“The FDA is knowingly putting millions of people in the US at risk of life-altering health problems by continuing to greenlight uses of phthalates that contaminate our food,” said Katherine O’Brien, an attorney with Earthjustice, one of the suit’s lead plaintiffs. “FDA’s decision defies decades of science and the agency’s core purpose of keeping the food supply safe.”The FDA did not immediately respond to a request for comment.Phthalates are a class of nearly 30 chemicals used as plasticizers in plastic containers, kitchen utensils and food preparation materials, among other uses. Researchers have found them in most food samples tested in recent years, and very low levels of exposure are linked to birth defects and pre-term birth. They are thought to cause developmental harms for fetuses and children, especially the reproductive system and brain – kids who have been exposed risk reduced IQ, and boys risk genital defects and infertility.Phthalates are also particularly dangerous because they have been found to mimic the human body’s hormones.The European Union has banned or restricted some phthalate compounds in food contact, but few regulations exist in the US. However, three types of phthalates have been banned for use in kids’ toys in the US because children were ingesting the chemicals.The lack of regulations is due in part to industry pressure on the FDA, public health advocates allege. The American Chemistry Council, a trade group that represents chemical makers, has attacked research on phthalates’ ubiquity and dangers, and argues that not all phthalates present a risk. Claims that they do create “unnecessary public alarm about our nation’s food safety”, the council wrote in a statement.The FDA has largely agreed with that view. The coalition that filed the lawsuit first petitioned the FDA to revoke authorizations for phthalate use in food contact in 2016. It highlighted decades of scientific evidence linking the chemicals to health risks, especially for kids.The FDA did not respond to the petition for five years, violating the law, which requires a response within six months. The groups in 2021 sued the FDA, forcing it to respond. In 2022, the agency denied the petition, arguing that industry had already abandoned food contact use for most phthalates.skip past newsletter promotionafter newsletter promotionThe groups filed an appeal to reconsider, but the FDA upheld its decision in October 2024, allowing phthalates to continue to be used without restrictions. The agency wrote that it “found that available information does not support grouping all 28 phthalate chemicals into a single class assessment”.Public health advocates say the agency is echoing industry talking points.“The FDA has decided to ignore years of research and failed to take action to protect our health from these chemicals widely known to cause harm, allowing business as usual for companies who profit from their use,” said Maria Doa, an attorney with the Environmental Defense Fund, a co-litigant.The new suit asks a judge to order a ban on the chemical class.In the meantime, people can protect themselves by avoiding food in plastic containers, using glass containers in the kitchen, avoiding plastic kitchenware and eating fewer processed foods.
Agency has either ignored petitions or ruled against taking action against chemical that presents serious health risksA coalition of environmental groups has sued the US Food and Drug Administration (FDA) over the use of highly toxic phthalates in plastic food packaging because the chemicals have been found to leach at alarming rates and present a serious health risk, especially for developing children.The suit is the latest salvo in an ongoing eight-year battle in which advocates have pressured the FDA to ban the chemicals’ use in food packaging, but the agency has sided with industry that opposes the calls. Since 2016, the FDA has either illegally ignored petitions or rejected demands to revoke a 40-year-old authorization for the chemicals that is based on long-outdated science. Continue reading...
A coalition of environmental groups has sued the US Food and Drug Administration (FDA) over the use of highly toxic phthalates in plastic food packaging because the chemicals have been found to leach at alarming rates and present a serious health risk, especially for developing children.
The suit is the latest salvo in an ongoing eight-year battle in which advocates have pressured the FDA to ban the chemicals’ use in food packaging, but the agency has sided with industry that opposes the calls. Since 2016, the FDA has either illegally ignored petitions or rejected demands to revoke a 40-year-old authorization for the chemicals that is based on long-outdated science.
The health groups in a statement called the FDA’s refusal to restrict the chemicals “unconscionable”.
“The FDA is knowingly putting millions of people in the US at risk of life-altering health problems by continuing to greenlight uses of phthalates that contaminate our food,” said Katherine O’Brien, an attorney with Earthjustice, one of the suit’s lead plaintiffs. “FDA’s decision defies decades of science and the agency’s core purpose of keeping the food supply safe.”
The FDA did not immediately respond to a request for comment.
Phthalates are a class of nearly 30 chemicals used as plasticizers in plastic containers, kitchen utensils and food preparation materials, among other uses. Researchers have found them in most food samples tested in recent years, and very low levels of exposure are linked to birth defects and pre-term birth. They are thought to cause developmental harms for fetuses and children, especially the reproductive system and brain – kids who have been exposed risk reduced IQ, and boys risk genital defects and infertility.
Phthalates are also particularly dangerous because they have been found to mimic the human body’s hormones.
The European Union has banned or restricted some phthalate compounds in food contact, but few regulations exist in the US. However, three types of phthalates have been banned for use in kids’ toys in the US because children were ingesting the chemicals.
The lack of regulations is due in part to industry pressure on the FDA, public health advocates allege. The American Chemistry Council, a trade group that represents chemical makers, has attacked research on phthalates’ ubiquity and dangers, and argues that not all phthalates present a risk. Claims that they do create “unnecessary public alarm about our nation’s food safety”, the council wrote in a statement.
The FDA has largely agreed with that view. The coalition that filed the lawsuit first petitioned the FDA to revoke authorizations for phthalate use in food contact in 2016. It highlighted decades of scientific evidence linking the chemicals to health risks, especially for kids.
The FDA did not respond to the petition for five years, violating the law, which requires a response within six months. The groups in 2021 sued the FDA, forcing it to respond. In 2022, the agency denied the petition, arguing that industry had already abandoned food contact use for most phthalates.
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The groups filed an appeal to reconsider, but the FDA upheld its decision in October 2024, allowing phthalates to continue to be used without restrictions. The agency wrote that it “found that available information does not support grouping all 28 phthalate chemicals into a single class assessment”.
Public health advocates say the agency is echoing industry talking points.
“The FDA has decided to ignore years of research and failed to take action to protect our health from these chemicals widely known to cause harm, allowing business as usual for companies who profit from their use,” said Maria Doa, an attorney with the Environmental Defense Fund, a co-litigant.
The new suit asks a judge to order a ban on the chemical class.
In the meantime, people can protect themselves by avoiding food in plastic containers, using glass containers in the kitchen, avoiding plastic kitchenware and eating fewer processed foods.