Why is toxic food packaging still legal?

Three years ago, we published this blog. It was about the EU’s plan to fight toxic chemicals and pollution in the European Green Deal. At that time, for the first time ever, Europe was on its way to revising the food contact materials (FCMs) legislation – a dinosaur at almost 50 years old. Everyone agreed: it needed a transformation.

Despite this, today, reform has yet to happen. 

Food contact materials are critically important from a public health perspective: everything we eat and drink comes in contact with them. And it may surprise you to know that more than 3,600 chemicals used in food packaging are getting into people’s bodies, and about 100 of them are known to be of high concern for human health.

Action is well overdue. Policymakers have recognised the urgency to act on food packaging safety. The new Packaging and Packaging Waste Regulation restrictions on food packaging that use PFAS, commonly known as “forever chemicals”, is a good step. We also have a new EU law restricting use of bisphenol A in certain food contact materials and articles. Even Oliver Várhelyi, Commissioner for Health & Animal Welfare, said: “Maintaining high food safety standards in the European Union and protecting citizens is one of the Commission’s highest priorities”.

But – while welcome – these bans are a patchwork that don’t fully solve the problem. Years have passed and the basic principles of food contact materials still have not changed one bit. 

Unlike the political landscape, which, three years later, has changed a lot. 

Almost no one talks about the European Green Deal and the EU’s plan to combat toxic chemicals anymore. Sustainability, it seems, has been reduced to decarbonisation, with the circular economy downgraded simply to recycling, and simplification of rules tends dangerously towards deregulation. Policymakers are working at an unprecedented pace to ease the administrative burden on the chemical industry. But what about simultaneously (effectively!) tackling the chemical pollution crisis damaging our health? 

A European Ombudsman investigation announced last year that EU officials broke the law by delaying bans on dangerous chemicals over the course of nearly two decades. The delays allow companies to legally continue using substances that EU scientific advisors have discovered are a cancer risk, impact fertility or cause other serious harm. 

And an important question to ask is: will the EU Food Contact Materials regulation finally be revised?

Feedback from companies, business organisations and associations showed strong support for EU harmonisation, as the existence of different legal requirements creates barriers to trade within the European single market. A harmonised and modernised FCMs law is crucial for the success of other key Commission policies, including the safe use of recycled materials, bio-based materials, biodegradable or compostable materials, as well as all types of alternative materials in food contact applications (whose safety has been questioned).

The PPWR has a legal mandate for manufacturers to minimise the presence and concentration of hazardous chemicals in packaging. This gives the legislation a few opportunities, highlighted by a recent report, to support identification and tracking of substances in packaging that pose risks to human health and the environment, as well as to prevent the marketing of “new” or “innovative” materials that have not undergone rigorous testing.

The European Commission will also soon publish a study on the sustainability of FCMs, which will define what is meant by ‘sustainability’ in this context, and  identify policy measures to enhance it. 

Nevertheless, progressive companies can start acting immediately. Using safer and more sustainable alternatives strongly improves consumer sentiment and the business’s reputation.The only obvious question that arises here is: how to identify these alternatives in a world full of shameless greenwashing?

Luckily, with the launch of the Understanding Packaging (UP) Scorecard, companies and procurement professionals are getting a free, easy-to-use tool that assesses the health and environmental impacts of food packaging and foodware! Scores are provided for plastic pollution, climate, water use, sustainable sourcing, recoverability, and chemicals of concern that makes the UP Scorecard unique. As a result, the UP Scorecard helps the food service industry stay ahead of legislation while providing valuable information for other stakeholders.

Above all, the UP Scorecard also puts an emphasis on reuse and circularity, because reusable packaging is one of the main solutions to packaging waste. Cities are actively embracing reuse systems, with Zero Waste Europe members in Slovenia, Catalonia, France and Cyprus showing how collaboration between local authorities, businesses and citizens can drive sustainable practices.

To achieve our sustainability and climate goals, we simply have to change the way we consume and produce FCMs. And nobody should have to worry about toxic chemicals making their way into our food and drinks. That’s why we urgently need smarter and more protective EU law to make truly safe food packaging a reality – for the sake of our health, environment, and circular economy.