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Contamination ControlProcess ControlRegulatoryChemicalPackaging

PFAS in Packaging: What the Food Industry Needs to Know

As PFAS risks become more understood, regulations more robust across jurisdictions, and litigation more common, it is critical that food and beverage companies understand their specific PFAS risks

By Alfredo Fernández Esq., Tyler Archer Esq.

Per- and poly-fluoroalkyl substances, known as PFAS, are a group of thousands of synthetic chemicals that have been used for decades in consumer and industrial applications. As more is learned about their resistance to degradation and links to health concerns, lawmakers and regulators across the country are taking action to ban certain uses of PFAS and require responsible parties to clean up contaminated properties and public drinking water supplies. This article explores the legal and business risks PFAS poses to the food and beverage sector, specifically in connection with food packaging, and presents operational and transactional strategies to manage such risks. 

According to a database maintained by the U.S. Environmental Protection Agency (EPA), there are nearly 15,000 PFAS. Some have been in production and used in diverse commercial and industrial applications worldwide since the 1940s. PFAS were initially known as "wonder chemicals" and praised for their durability. Their unique properties made PFAS commonly used in food packaging, nonstick cookware, cosmetics, waterproof/stain-resistant fabrics, and other consumer products. In industrial settings, PFAS are common additives in the manufacturing of semiconductors, coatings, electronics, and firefighting foams.  

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