Legislative and Societal Outlook
Q4 2023 Market Update
SUMMARY: States, provinces and corporations sustain anti-added PFAS initiatives; Suppliers a key resource
PFAS legislation at the state level in the US, banning foodservice packaging that contains intentionally added PFAS, will expand in 2024. Joining California, New York State and Washington state with bans going into effect next year are Vermont, Connecticut, Colorado, Maryland, Minnesota, Rhode Island. (Pillsbury, LLP) Major restaurant chains continue the industry’s momentum toward non -added PFAS packaging options, with announcement by Restaurant Brands International, which owns Burger King, Tim Hortons, and Popeyes of intention to phase out PFAS in its food packaging worldwide by 2025. (mamavation.com) .
By contrast, the US Food and Drug Administration has not proposed any new regulations or interpretations of existing regulations regarding PFAS and food containers since ending public comment on its review of fluorinated polyethylene containers used in food contact applications, resulting in a situation of patchwork legislation and as- yet-unclear national consensus about PFAS in foodservice packaging. For now, US states are taking the lead in establishing PFAS regulatory regimes. Their reach, however, may be restricted by possible preemption and federal action. (Holland and Knight) Canada’s province of British Columbia announced restrictions on the use of single-use plastics taking effect in December 2023 and aligned with the country’s federal ban but with further specificity around products marketed as bio or compostable plastic. (McMillan, LLP)
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