Key facts
- The FDA rejected a petition to set limits for PFAS chemicals in food.
- The agency cited insufficient evidence for the request.
- PFAS are linked to various serious health problems including cancer and birth defects.
- The FDA plans to establish non-binding "action levels" rather than mandatory limits.
- TEJTF, which filed the petition, intends to sue the FDA.
The U.S. Food and Drug Administration (FDA) has rejected a legal petition that sought to establish limits for per- and polyfluoroalkyl substances (PFAS) in food. This decision represents a setback for public health advocates aiming to reduce exposure to these "forever chemicals."
The FDA's refusal comes despite a growing body of scientific evidence and findings by the Environmental Protection Agency (EPA) that identify food as the primary source of PFAS exposure for the public. Testing has revealed that consuming certain contaminated foods can expose individuals to PFAS levels equivalent to drinking multiple glasses of contaminated water.
While regulatory efforts have largely focused on PFAS in water, these chemicals are pervasive throughout the food system. The petition, initially filed in November 2023 by the Tucson Environmental Justice Task Force (TEJTF), was later revised to request advisory thresholds for PFOA and PFOS, two particularly harmful PFAS compounds, in seafood and milk. Recent FDA testing indicated PFAS in 70% of seafood samples and 12% of milk samples, with some brands showing extremely high levels.
Sandra Daussin, an attorney for TEJTF, expressed disappointment and stated the group plans to sue the FDA to compel the agency to set regulatory thresholds. "If it’s important enough to regulate in water then we need to regulate it in food – that’s a no-brainer," Daussin commented.
PFAS are a class of at least 16,000 chemicals used to make products resistant to water, stains, and grease. They are associated with severe health issues, including cancer, birth defects, and immune system deficiencies, and persist in the environment for thousands of years.
The FDA rejected the revised petition, asserting "insufficient evidence" to support the request. Instead, the agency plans to establish less stringent, non-binding "action levels" rather than "tolerance levels," which would make it illegal to sell food exceeding a set contamination threshold.
PFAS enter the food supply through various means, including pesticides, food packaging, and the use of sewage sludge as fertilizer. Contaminated water used in food processing or agriculture also contributes to exposure. Challenges in testing technology for food, compared to water, and the absence of a robust government testing program complicate efforts to fully assess the problem. However, independent testing has suggested widespread contamination in meat, crops, produce, and even beer.
Concerns have been raised about the FDA's testing methodologies. In 2019, the agency adjusted its approach, leading to a significant reduction in reported contamination levels, which consumer groups have criticized as a potential cover-up. Brian Ronholm, former deputy under secretary for food safety at the USDA, likened the change to manipulating a radar gun to ignore moderate speeding violations.