FDA Responds to Petition on Phthalates in Food Packaging and Food Contact Applications

Constituent Update 

July 21, 2023 

Today, the U.S. Food and Drug Administration (FDA) denied a petition requesting that the agency reconsider its denial of a citizen petition issued on May 19, 2022. The citizen petition requested a ban on the use of eight ortho-phthalates and revocation of the prior sanctioned uses for five ortho-phthalates in food based on alleged safety concerns.

Ortho-phthalates, often referred to as “phthalates,” are chemicals used in plastic products (most commonly in the specific type of plastic named polyvinyl chloride, also known as PVC or vinyl) to make the material soft and less brittle.

We evaluated the reconsideration petition and concluded that it does not provide a basis for modifying the FDA’s response to the original citizen petition. Our response explains that we adequately considered relevant information and views contained in the administrative record when responding to the original citizen petition. Additionally, we have considered the information submitted in the reconsideration petition and other relevant information in the administrative record.  The FDA’s decision to deny the original petition remains unchanged.

We will continue to keep the food industry and the public informed of updates related to our activities on phthalates in food packaging and food contact applications. Up to date information is available on the FDA’s phthalates website.

For More Information:

• Phthalates in Food Packaging and Food Contact Applications
• Constituent Update: FDA Limits the Use of Certain Phthalates in Food Packaging and Issues Request for Information About Current Food Contact Uses and Safety Data (September 2022)