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FDA Adds Four New Substances to its Inventory of Effective FCS Notifications

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The U.S. Food and Drug Administration (FDA) recently added four new substances to its Inventory of Effective Food Contact Substances (FCS) Notifications. The newly listed substances and the manufacturers are listed below.

FCN No. Food Contact Substance Manufacturer/ Supplier Effective Date
2368 Butanoic acid, 3-hydroxy-, (3R)-, polymer with 4-hydroxybutanoic acid (CAS Reg. No. 125495-90-1) and butanoic acid, 3- hydroxy-, (3R)-, homopolymer (CAS Reg. No. 29435-48-1). Beijing PhaBuilder Biotechnology Co., Ltd. July 30, 2024
2353 Ethylene-vinyl acetate-vinyl alcohol (EVOH) copolymers (CAS Reg. No. 26221-27-2). Chang Chun Petrochemical Co., Ltd. July 25, 2024
2337 Acetic acid ethenyl ester, polymer with 2,5-furandione, hydrolyzed, sodium salts (CAS Reg. No. 1428741-30-3). Kuraray Co., Ltd.
Kuraray America, Inc.
Kuraray Europe GmbH
Kuraray Asia Pacific Pte. Ltd.
July 13, 2024
2367 An aqueous solution of hydrogen peroxide (CAS Reg. No. 7722-84-1). Safe Foods Chemical Innovations and LPR Technologies July 3, 2024

The Food and Drug Administration Modernization Act of 1997 amended the Federal Food, Drug, and Cosmetic Act to provide for the submission of food-contact notifications (FCNs). Under the FCN system, a manufacturer or supplier of a food-contact material may submit an FCN to FDA regarding the identity and use of a new food-contact substance (FCS), along with information supporting the conclusion that the substance is safe for the intended use.

If FDA does not object in writing within 120 days to the substance's use based on safety grounds, the submitter and its customers may market the substance. Once the notification becomes effective, FDA will add it to its Inventory of Effective FCS Notifications. For more background on submission of FCNs, please see the packaginglaw.com article, What is the Best Approach to Obtaining FDA Clearance for Food Contact Substances?