FDA Denies Petition to Ban Phthalates in Certain Food Contact Applications

On July 21, 2023, the U.S. Food and Drug Administration (FDA) denied a petition requesting that it reconsider its May 19, 2022 denial of a citizen petition  that requested a ban on the use of eight ortho-phthalates and the revocation of the prior sanctioned uses for five ortho-phthalates in food based on alleged safety concerns. (For more information on the May 2022 decision see the Packaginglaw.com article, FDA Issues Decisions on Phthalates Petitions.)

FDA explained that after evaluating the reconsideration petition, it concluded that the petition does not provide a basis for modifying the Agency’s response to the original citizen petition. FDA added that it adequately considered relevant information when responding to the original citizen petition and that it has considered the information submitted in the reconsideration petition and other relevant information. (On September 26, 2022, FDA announced that it was reopening the comment period on its request for information concerning use and safety information on the remaining eight phthalates authorized for use as plasticizers in food contact applications.) Therefore, FDA stated that its decision to deny the original petition remains unchanged.