PFAS in Food Contact Materials: FDA Phase-Out & State Bans

Overview

Per- and polyfluoroalkyl substances (PFAS) are a class of more than 14,000 synthetic chemicals defined by their carbon-fluorine bonds -- the strongest in organic chemistry. That bond is what makes PFAS useful: they repel water, oil, and grease. It is also what makes them dangerous: they resist degradation in the environment and accumulate in human tissue, earning the name "forever chemicals."

For decades, PFAS were the invisible backbone of food packaging. Grease-proof paper wrappers, microwave popcorn bags, fast-food containers, pizza boxes, and pet food bags all relied on PFAS-based coatings to keep oil from seeping through. The substances entered the food supply through direct migration from packaging, environmental contamination of crops and livestock, and bioaccumulation in seafood.

The regulatory response has been fragmented but accelerating. The FDA completed a voluntary industry phase-out of PFAS grease-proofing agents in February 2024, then revoked 35 food contact notifications in January 2025. At least 12 states have enacted their own PFAS food packaging bans, many stricter than federal action. The EPA finalized the first enforceable PFAS drinking water standards in April 2024. And in December 2025, the FDA published a MoCRA-mandated report finding "insufficient data" to determine the safety of PFAS in cosmetics.

This page tracks the full regulatory landscape -- federal, state, and international -- so companies can identify what applies to them and when.

Current Federal Regulatory Status

FDA: Food Contact Materials

The FDA regulates food contact substances under Section 409 of the Federal Food, Drug, and Cosmetic Act and 21 CFR Part 170, Subpart D. Manufacturers must file a Food Contact Notification (FCN) demonstrating "reasonable certainty of no harm" before a substance can be used in packaging that touches food.

Phase-out timeline:

• 2016: FDA revoked regulations authorizing the remaining uses of long-chain PFAS (C8 compounds like PFOA and PFOS) in food packaging. These had already been largely abandoned by industry.
• Spring 2020: FDA published safety concerns about short-chain PFAS, specifically 6:2 fluorotelomer alcohol (6:2 FTOH), based on findings that it converts to persistent perfluoroalkyl acids in the body.
• July 2020: Three manufacturers voluntarily agreed to a 3-year phase-out of PFAS-based grease-proofing agents in food contact applications, beginning January 2021.
• February 28, 2024: FDA announced that all PFAS grease-proofing substances had stopped being sold into the U.S. market for food contact use, completing the voluntary phase-out.
• January 6, 2025: FDA published a Federal Register notice declaring 35 food contact notifications related to PFAS no longer effective, formally revoking authorization for these substances.
• June 30, 2025: Compliance deadline. Food packaging produced, supplied, or used before January 6, 2025 that contains these PFAS must be exhausted or removed from the market by this date.

The 35 revoked FCNs cover PFAS compounds previously authorized as grease-proofing agents on paper and paperboard food packaging. After June 30, 2025, no PFAS-based grease-proofing agent will have valid FDA authorization for food contact use in the United States.

FDA: Fluorinated HDPE Containers

In July 2022, the FDA issued a separate Request for Information on fluorinated high-density polyethylene (HDPE) containers used in rigid food packaging. The concern is that the fluorination process -- applying fluorine gas to polyethylene during or after manufacturing -- can unintentionally generate PFAS byproducts that migrate into food. This investigation is ongoing. No final rule or revocation has been issued for fluorinated HDPE containers.

FDA: PFAS in Seafood

On November 20, 2024, the FDA published a Request for Information (RFI) on PFAS in seafood (docket FDA-2024-N-4604). The agency is seeking scientific data on PFAS concentrations in seafood, environmental contamination of aquatic habitats, processing water contamination, and mitigation strategies.

The RFI was prompted by FDA Total Diet Study data showing that seafood has higher PFAS detection rates than other food categories. In 2024 TDS testing, PFAS were detected in 7.2% of 542 food samples, with the highest concentrations in shrimp, clams, catfish, and tilapia. The comment period closed February 18, 2025. No proposed rule has followed yet, but this signals that FDA is building a data foundation for potential future limits on PFAS in seafood.

FDA: PFAS in Cosmetics (MoCRA Report)

On December 29, 2025, the FDA published a congressionally mandated report under Section 3506 of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) evaluating PFAS in cosmetic products. Key findings:

• 51 PFAS are intentionally used across 1,744 cosmetic formulations based on mandatory product listing data.
• The top five product categories are eye shadows, face and neck products (leave-on), eyeliners, face powders, and foundations -- comprising 56% of PFAS-containing cosmetics.
• Of the 25 most frequently used PFAS (representing 96% of intentional use), five appeared to present low safety concerns, one (perfluorohexylethyl triethoxysilane in body lotion) was flagged as a potential concern, and the rest could not be assessed due to significant data gaps.
• No federal ban on PFAS in cosmetics currently exists. The FDA stated it will "take appropriate action if safety concerns emerge" but issued no immediate regulatory requirements.

EPA: Drinking Water Standards

On April 10, 2024, the EPA finalized the first National Primary Drinking Water Regulation (NPDWR) for PFAS -- the first federally enforceable limits on these chemicals in drinking water. The original rule set maximum contaminant levels (MCLs) for six PFAS:

Substance	MCL
PFOA	4.0 ppt
PFOS	4.0 ppt
PFHxS	10 ppt
PFNA	10 ppt
HFPO-DA (GenX)	10 ppt
Hazard Index (PFHxS + PFNA + HFPO-DA + PFBS mixture)	1 (unitless)

May 2025 modification: The EPA announced it will keep the MCLs for PFOA and PFOS but rescind standards for PFHxS, PFNA, HFPO-DA, and the Hazard Index mixture. The compliance deadline for PFOA and PFOS was extended from 2029 to 2031. EPA intends to finalize these changes by April 2026. Water systems must comply with monitoring and reporting requirements by 2029 (unchanged).

While the drinking water rule does not directly regulate food packaging, it affects food manufacturers who use municipal water in processing and signals the direction of federal PFAS policy.

State PFAS Food Packaging Bans

States have moved faster than the federal government. As of March 2026, at least 12 states have enacted laws restricting or banning PFAS in food packaging:

State	Effective Date	Scope
New York	December 2022	Ban on intentionally added PFAS in food packaging
California	January 1, 2023	Ban on PFAS in plant fiber-based food packaging (100 ppm threshold)
Washington	2023	Ban on specified plant fiber food packaging types
Connecticut	December 31, 2023	Ban on all intentionally added PFAS in food packaging
Vermont	July 2023	Comprehensive PFAS ban in food packaging
Colorado	January 1, 2024	Ban on intentionally added PFAS in food packaging
Minnesota	January 1, 2025	Full ban on PFAS in food packaging (broader "Amara's Law" phases in additional product bans through 2032)
Oregon	January 1, 2025	Ban on PFAS in foodware containers
Rhode Island	January 1, 2025	Ban on intentionally added PFAS in food packaging
Maine	May 25, 2026	Ban on PFAS in nine plant-fiber packaging types; broader product ban phases in through 2032
New Mexico	January 1, 2027	HB 212 (enacted April 2025) prohibits PFAS in food packaging
Minnesota (all products)	January 1, 2032	Prohibition expands to all consumer products (with limited exemptions)

Key distinctions between state laws:

• "Intentionally added" vs. total PFAS: Some states (California, Washington) target only specific packaging materials like plant-fiber products; others (Connecticut, New York, Minnesota) cover all food packaging.
• Thresholds vary: California uses a 100 ppm total organic fluorine threshold; other states use an "intentionally added" standard.
• Expanding scope: Minnesota and Maine have laws that start with food packaging but expand to broader product categories (cookware, cosmetics, children's products, textiles) on later effective dates.

Companies selling food products nationally should plan for the strictest applicable standard across all states where they distribute.

Key Deadlines

Date	Action	Authority
January 6, 2025	35 PFAS food contact notifications declared no longer effective	FDA
February 18, 2025	Comment period closed for PFAS in seafood RFI	FDA
May 25, 2026	Maine PFAS ban effective for plant-fiber food packaging	Maine DEP
June 30, 2025	Compliance deadline for exhausting existing PFAS-containing food paper packaging	FDA
January 1, 2027	New Mexico PFAS food packaging ban effective	NM HB 212
2029	Water systems must comply with PFAS monitoring and reporting (PFOA/PFOS)	EPA
2031	Water systems must meet PFOA/PFOS MCLs (extended from 2029)	EPA
January 1, 2032	Minnesota prohibition expands to all consumer products	MN Amara's Law
Late 2026	ECHA expected to complete scientific evaluation of EU PFAS restriction proposal	ECHA

Detailed Analysis

Food Packaging and Grease-Proofing

The primary use of PFAS in food contact materials was as grease-proofing coatings on paper and paperboard. These coatings prevented oils and moisture from penetrating fast-food wrappers, bakery bags, microwave popcorn bags, pet food bags, and pizza boxes. The PFAS compounds applied were typically short-chain fluorotelomers, most commonly based on 6:2 FTOH.

The FDA's 2020 scientific review found that 6:2 FTOH metabolizes into perfluoroalkyl acids in the human body -- persistent compounds linked to liver damage, thyroid disruption, immune suppression, and cancer in epidemiological studies. This finding drove the voluntary phase-out agreement.

With the phase-out complete and the 35 FCNs formally revoked, the market has shifted to alternatives including silicone-based coatings, wax coatings, water-based barriers, and inherently grease-resistant papers. Companies that have not yet transitioned their packaging supply chains have until June 30, 2025 to exhaust existing inventory.

Cookware and Kitchen Equipment

PFAS are also used in nonstick cookware coatings (PTFE/Teflon), which falls outside the FCN framework because PTFE is an indirect food additive regulated under 21 CFR 175.300. The FDA has not taken action to restrict PTFE in cookware at the federal level. However, Minnesota's Amara's Law bans PFAS in cookware starting January 1, 2025, and Maine's broader product restrictions will phase in by 2032.

Seafood and Environmental Contamination

PFAS enter the food supply not only through packaging but through environmental contamination. Industrial facilities, military bases (where PFAS-based firefighting foams were used for decades), and wastewater treatment plants have contaminated waterways, which bioaccumulate in aquatic organisms.

FDA Total Diet Study results through 2024 show PFAS detected most frequently in seafood: shrimp, clams, catfish, tilapia, cod, and salmon have all returned detectable levels. The November 2024 RFI signals the FDA is building its evidence base. Potential future actions could include:

• Advisory levels for PFAS in commercial seafood
• Requirements for PFAS testing in aquaculture operations
• Import screening for PFAS-contaminated seafood

No proposed rule or guidance has been issued yet, but companies in the seafood supply chain should monitor this closely.

Drinking Water and Food Manufacturing

The EPA's PFAS drinking water rule has indirect implications for food manufacturers. Facilities that use municipal water for food processing, cleaning, or as an ingredient may be affected by PFAS contamination in their water supply. The final MCLs for PFOA and PFOS (4.0 ppt each) are extremely low -- water systems may need to install activated carbon or reverse osmosis treatment to comply.

Food manufacturers should:

• Request PFAS testing data from their water utilities
• Evaluate whether on-site water treatment is needed for food processing lines
• Document PFAS levels in their water supply as part of food safety plans

International Landscape

European Union

The EU is pursuing the most comprehensive PFAS restriction globally. In January 2023, five countries (Denmark, Germany, Netherlands, Norway, and Sweden) submitted a restriction proposal under REACH covering all PFAS. The proposal received over 5,600 scientific comments. ECHA published an updated, narrowed restriction proposal in September 2025 and plans a second public consultation by March 2026. A final ECHA opinion is expected by late 2026, with a European Commission decision potentially following in 2027-2028.

If adopted, the EU restriction would phase out essentially all non-essential PFAS uses across 14 industrial sectors, with transition periods varying by sector. Food contact materials would be among the first sectors affected.

Canada

Canada is taking a phased approach, beginning with PFAS-containing firefighting foams. Phase 1 prohibits the manufacture, import, and use of PFAS firefighting foams, with transition periods of 18 months (municipal services) to 6 years (defense, offshore oil and gas). Canada has not yet proposed specific food contact material restrictions but is monitoring developments in the EU and U.S.

Denmark

Denmark was the first country to ban PFAS in food contact paper and board packaging, effective July 2020. The ban covers all fluorinated substances in paper and cardboard food packaging and served as a model for U.S. state-level legislation.

Affected Product Categories

Companies in the following sectors should evaluate their PFAS exposure:

• Food contact materials: Paper and paperboard packaging, food wraps, bags, containers. Directly affected by the FCN revocations and state bans.
• Infant formula: Food contact notifications for substances in contact with infant formula are specifically addressed in FDA guidance. Manufacturers must ensure packaging materials do not contain revoked PFAS.
• Fish and seafood products: Environmental PFAS contamination in aquatic environments creates exposure risk. The FDA's RFI signals potential future regulation.
• General food products: Any product packaged in paper or paperboard may have PFAS exposure. Products processed with municipal water may have additional exposure.
• Cosmetics: 51 PFAS are used in 1,744 formulations. No federal ban exists yet, but the MoCRA report's finding of "insufficient data" creates regulatory uncertainty. Several states (Minnesota, Maine) include cosmetics in their broader PFAS bans.

What Companies Should Do

Immediate (By June 30, 2025)

1. Audit food packaging supply chains. Confirm that no paper or paperboard food packaging in your supply chain contains PFAS grease-proofing agents covered by the 35 revoked FCNs. Request certificates of compliance from packaging suppliers.
2. Exhaust existing PFAS-containing inventory. Packaging produced before January 6, 2025 must be used or removed by June 30, 2025.
3. Verify alternative coatings. Confirm that replacement grease-proofing agents (silicone, wax, water-based barriers) have valid FCNs and meet food safety requirements.

Near-Term (2025-2026)

4. Map state-by-state requirements. If you sell in multiple states, identify which PFAS bans apply to your packaging. States define scope differently -- some cover all food packaging, others only plant-fiber types. Plan to the strictest applicable standard.
5. Monitor the fluorinated HDPE investigation. If you use rigid HDPE containers that may have been fluorinated during manufacturing, track the FDA's ongoing inquiry. Request fluorination processing records from container suppliers.
6. Assess seafood supply chain risk. If you source, process, or sell seafood, begin building PFAS testing data for your supply chain. The FDA's RFI indicates future regulation is under consideration.

Medium-Term (2026-2028)

7. Prepare for EU PFAS restrictions. If you export to Europe, monitor the ECHA restriction proposal timeline. A European Commission decision could come as early as 2027, with sector-specific transition periods following.
8. Evaluate cosmetics PFAS exposure. If you manufacture or sell cosmetics containing intentionally added PFAS, track state-level bans (Minnesota effective 2025, Maine phasing in through 2032) and prepare ingredient substitution plans. The FDA's MoCRA report does not mandate changes yet but signals growing scrutiny.
9. Request water utility PFAS data. For food processing facilities, obtain PFAS testing results from your municipal water supplier. Evaluate whether on-site treatment may be necessary when EPA MCLs take effect.

Ongoing

10. Track regulatory developments. PFAS regulation is evolving rapidly across federal, state, and international jurisdictions. Automated monitoring of FDA, EPA, and state regulatory actions is essential for staying ahead of compliance deadlines.