Overview

The No Toxics in Food Packaging Act prohibits the use of the following chemicals and classes of chemicals because of their carcinogenic, hormone-disrupting, or other harmful properties.

• The class of Ortho-phthalates
• The class of PFAS chemicals
• Bisphenols (BPA, BPB, BPS, BPF, BPAF, & related compounds)
• Twelve chemicals which are recognized carcinogens:
  •  Acrolein
  • Acrylamide
  • BHA (tert-Butyl-4-hydroxyanisole)
  • Chlorinated paraffins
  • 1,4 – Dioxane
  • Asbestos
  • Benzene
  • Chloroform
  • Methylene chloride
  • Ethylene oxide
  • Formaldehyde
  • Styrene Polymers

The bill prohibits the use in food contact materials by amending the Federal Food Drug and Cosmetic Act to deem these chemicals unsafe for use as food contact chemicals.

Background

Thousands of synthetic chemicals make up the materials that come in contact with our food, from the harvesting, processing and manufacturing stages, like milking tubes and factory conveyor belts to retail packaging (i.e., sealings on the inside of jar lids, plastic containers, cans, etc.), to cooking, food storage and serving ware. Chemicals from these materials can migrate into the food and then into our bodies, and many of these chemicals have been linked to negative health impacts ranging from allergic reactions to reproductive harm, learning disabilities, and increased risk of breast and other cancers.

In the USA, an estimated 5,000 chemicals are used in food production, processing and packaging materials, called ‘indirect food additives,’ with another 5,000 used as direct additives.

Over 200 chemicals on the FDA-approved list of food contact materials have been identified as hazardous, and another 530 would qualify for official hazard classification based on predictive hazard data.[1]

A growing body of scientific evidence speaks to the urgency of this problem as researchers and health practitioners sound the alarm on toxic chemicals in food packaging. In 2018, the American Academy of Pediatrics issued a Policy Statement to draw attention to emerging child health concerns related to chemicals used in food contact materials and direct food additives.[3] In March 2020, an international group of scientists from multiple disciplines published a consensus statement expressing strong concern about harmful chemicals migrating into food from food contact materials, direct additives, and environmental contamination.[2] The 2020 Consensus Statement calls for known hazardous chemicals in any food contact articles to be prohibited.

The 1958 Delaney Clause Bans Cancer-Causing Chemicals from Food

The 70-year old Delaney Clause which amended the Federal Food Drug and Cosmetic Act of 1958 prohibits a chemical from being approved by the FDA for use in food if it is found to induce cancer when ingested by people or animals. However, the FDA is poorly implementing and enforcing this clause, and chemicals that are well-established carcinogens or that may contribute to cancer risk through hormone disruption have been approved by the agency for use in food contact materials.

The FDA is not properly implementing the Delaney Clause because it uses outdated science to evaluate the safety of food chemicals,[4]. This is particularly the case when it comes to understanding the characteristics of hormone-disrupting chemicals and their contributions to hormonal cancers and other diseases. At the same time, the FDA does not conduct a program of systematic re-evaluation of chemicals that were approved decades ago to ensure it has considered updated science on chemicals currently allowed on the market. As a result of these FDA failures, cancer-causing chemicals in food contact materials are legally being used in full contradiction to the Delaney Clause.  A recent study found 189 substances that increase breast cancer risk are in food and beverage contact materials.[5]

Some of the most egregious examples are the chemicals and classes of chemicals that this bill would ban:

• Bisphenols (BPA and related compounds)
• Ortho-phthalates
• Per and Poly fluoroalkyl substances (PFAS)

Solution

The No Toxics in Food Packaging Act of 2026 bans the 3 classes of Bisphenols, Ortho-phthalates and PFAS, and twelve more substances, deeming these chemicals unsafe for use in materials that come into contact with food (production, processing and packaging) .

• The bill applies to all food packaging, including reusable and pre-filled food and beverage containers.
• Companies would have two years to remove the banned chemicals from food production, processing and packaging materials.
• The bill addresses “regrettable substitution” – companies replacing a banned chemical with an equally or more toxic alternative, by making the FDA consider, when it is assessing alternative food contact chemicals,
• the potential adverse effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure, including workers exposed through production practices or handling of final products.

Endorsing organizations: 2026

BCPP supports this legislation along with national and state environmental and health NGOs, farming associations, and businesses, including:

NGOs:

1. Alaska Communities Against Toxics 
2. Alliance of Nurses for a Healthy Environment
3. American Sustainability Business Network
4. Sustainable Bainbridge
5. Beyond Pesticides
6. Black Women for Wellness 
7. Breast Cancer Over Time 
8. Beyond Plastics 
9. California Black Health Network 
10. California Communities Against Toxics
11. California Environmental Voters
12. California Health Coalition Advocacy
13. California Healthy Nail Salon Collaborative
14. Californians Against Waste
15. CalPIRG
16. Center for Community Action and Environmental Justice (CA) 
17. Center for Environmental Health 
18. Center for Food Safety 
19. Clean Earth 4 Kids 
20. Clean Water Action 
21. Consumer Reports 
22. Friends of the Earth
23. Green America
24. GMO/Toxin Free USA
25. Habitable
26. Able Differently
27. Learning Disabilities Association of America
28. Learning Disabilities Association of New Hampshire
29. Learning Disabilities Association of Illinois
30. Learning Disabilities Association of New York State
31. Learning Disabilities Association of South Carolina
32. Learning Disabilities Association of Utah
33. Learning Disabilities Association of Virginia
34. Learning Disabilities Association of Wisconsin
35. Learning Disabilities Association of Ohio
36. Learning Disabilities Association of Texas
37. National Stewardship Action Council 
38. National Toxic Encephalopathy Foundation  
39. Natural Resources Defense Council
40. Physicians for Social Responsibility San Francisco
41. PODER (Pueblo Organizado en Defensa de la tierra y sus Recursos)
42. San Francisco Firefighters Cancer Prevention Foundation
43. The Last Plastic Straw
44. Northeast Organic Dairy Producers Alliance 

Businesses :

1. Brandgeek
2. Innersense
3. Mamavation 
4. Naturepedic
5. W.S. Badger Company, Inc.

Press Releases

For more information, contact:

Nancy Buermeyer, Breast Cancer Prevention Partners, nancy@BCPP.org