This bill, the "No Toxic Chemicals in Food Packaging Act of 2026," bans specific harmful chemicals from being used in food contact substances and requires extra safety reviews for alternatives impacting vulnerable populations.
Janice "Jan" Schakowsky
Representative
IL-9
The "No Toxic Chemicals in Food Packaging Act of 2026" amends federal law to deem specific toxic chemicals, including certain phthalates, PFAS, and Bisphenols, unsafe for use in food contact materials. This legislation mandates that the FDA consider the impact on vulnerable populations when reviewing alternatives to these banned substances. Furthermore, the Act preserves the authority of states and local governments to enact stricter regulations regarding food additives and contact substances.
No Toxic Chemicals in Food Packaging Act Bans PFAS and BPA with Two-Year Phase-Out
The No Toxic Chemicals in Food Packaging Act of 2026 sets a hard deadline to scrub a list of notorious chemicals out of the wrappers, cans, and containers that touch our food. Starting two years after the bill is signed, substances like PFAS (the 'forever chemicals' found in non-stick coatings), BPA, and phthalates will be legally deemed 'unsafe.' This isn't just a suggestion; it effectively bans them from the manufacturing process for anything that comes into direct contact with what you eat. Whether it’s the lining of a soda can or the grease-resistant paper holding your burger, the bill targets the hidden chemistry that can migrate from packaging into your meal.
Cleaning Up the Kitchen Table
This bill hits the 'reset' button on food safety by listing specific offenders like asbestos, benzene, and formaldehyde alongside modern plastics additives. For a parent packing a school lunch or a construction worker grabbing a pre-packaged sandwich, this means the materials keeping that food fresh won't be leaching chemicals linked to long-term health issues. The two-year lead time gives manufacturers a window to swap out their supply chains, but the bill is clear: the current standard of 'generally recognized as safe' for these specific toxins is over. By naming chemicals like 1,4-Dioxane and styrene polymers, the legislation forces a shift toward more stable, inert materials across the entire food industry.
Protecting the Most Vulnerable
One of the most interesting parts of this bill is how it handles the 'what comes next' problem. When companies propose new materials to replace the banned ones, the FDA can’t just look at the average adult. Under Section 2, the agency must specifically analyze how these alternatives affect 'vulnerable populations.' This includes infants, pregnant women, the elderly, and even the workers in the factories where these packages are made. For example, if a new plastic lining is safe for a 200-pound man but potentially disrupts the hormones of a developing toddler, the FDA has the mandate to flag it. It’s a move from a one-size-fits-all safety check to a more nuanced look at the people most likely to be harmed by chemical exposure.
States Keep the Reins
While this sets a new national floor for safety, it doesn’t trap states in a ceiling. The bill explicitly preserves the right of state and local governments to pass even stricter rules. If a state wants to ban a chemical not listed here, or move faster than the two-year federal timeline, they have the green light to do so. For businesses, this means they’ll need to keep an eye on both federal standards and potentially tougher local laws. While this might create some extra paperwork for national manufacturers, for the consumer, it ensures that federal law acts as a safety net rather than a barrier to higher local health standards.