Senators Markey and Booker Urge FDA to Ban Toxic Phthalate Chemicals from Use in Food or Food Packaging

Letter Text (PDF)

Boston (October 2, 2024) - Senator Edward J. Markey (D-Mass.), member of the Environment and Public Works Committee, and Senator Cory Booker (D-N.J.) today sent a letter to Food and Drug Administration (FDA) Commissioner Robert M. Califf urging the agency to ban phthalates - chemicals commonly used in food manufacturing components and fast-food packaging, which enhance the durability, flexibility, and transparency of plastics - from use in food contact materials (FCM). Currently, the FDA has approved nine phthalates for use in FCM. However, current evidence demonstrates that these phthalates, colloquially known as "everywhere chemicals," do not satisfy the requirements and safety standards established by the Food, Drug, and Cosmetic Act due to their effect on brain development in infants and children, providing significant cause for concern. The lack of federal action has resulted in a patchwork set of regulations across states, with California, Maine, and Vermont already enacting regulations to limit the use of phthalates in FCMs and other materials.

The Senators wrote, "[T]here is mounting evidence that exposure to phthalates is extremely harmful to humans, especially brain development in infants and children. We urge the FDA to review this evidence and to use its existing authorities to ban phthalates from FCM. ... These dangerous chemicals have been linked to health harms, particularly for vulnerable populations, and as a result, should not be used in food packaging or any other FCM."

Senators Markey and Booker have previously worked on efforts to get toxic substances out of food. In November 2023, the senators reintroduced the Ensuring Safe and Toxic-Free Foods Act, legislation that would direct the Department of Health and Human Services' (HHS) Food and Drug Administration (FDA) to strengthen the Substances Generally Recognized as Safe (GRAS) Rule, which exempts companies from seeking pre-market approval for food chemicals. The legislation would also direct the Secretary of HHS to create an Office of Food Chemical Safety, Dietary Supplements, and Innovation within the FDA to reassess whether existing GRAS substances are safe for families to consume.

Senator Markey has a long record of working to protect Americans from toxic chemicals-in March 2012, then-Rep. Markey was the first member of Congress to ever submit a petition to FDA, requesting that the FDA permanently remove regulatory approval for the use of bisphenol A (BPA) in infant formula packaging. In July 2013, the FDA formally accepted the petition and changed its regulations to no longer allow the use of bisphenol A (BPA) in infant formula packaging.

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