California Attorney General Issues Stark Warning to Businesses Regarding Enforcement of PFAS in Food Packaging and Cookware Laws

November 27, 2023

Read the full article by Malcolm C. Weiss and Javaneh S. Tarter (The National Law Review)

"On October 17, 2023, the California Attorney General (AG) Rob Bonta released an enforcement advisory letter to manufacturers, distributors, and sellers of food packaging and cookware detailing how he intends to enforce AB 1200, a law which: 1) bans the sale of regulated per- and polyfluoroalkyl substances (PFAS) in food packaging in California, and 2) requires disclosure and labeling of chemicals on a “designated list,” including PFAS, that are present in the food contact surface or the handle of cookware products sold in California. Because the individual laws do not provide specific enforcement mechanisms, this announcement is the first time the AG’s office has articulated the authorities it plans to use to enforce these laws. The enforcement advisory letter provides a clear warning to the regulated community, from manufacturers to importers to distributors and retailers, that California will be enforcing its PFAS laws. Similar advisories could be issued in the future for California’s other laws restricting PFAS in juvenile products, textiles, and cosmetics.

AB 1200: Chemicals in Food Packaging and Cookware

Since January 1, 2023, no person can legally distribute, sell, or offer for sale in California any food packaging that contains regulated PFAS. Regulated PFAS includes either PFAS that are intentionally added or PFAS in a product or product component at or above 100 parts per million (ppm), as measured by total organic fluorine. Manufacturers must also use the least toxic alternative when replacing regulated PFAS in food packaging. Food packaging is defined broadly as nondurable packaging, packaging components, and food service ware that is “comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.”

Additionally, manufacturers of cookware must follow website disclosure and labelling requirements when a chemical on the Department of Toxic Substances Control (DTSC)’s “designated list” is intentionally added in the handle or food contact surface of a cookware product. The “designated list” includes “PFAS” as a class, along with 3,297 other chemical substances that DTSC has identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint. Since the start of this year, manufacturers of cookware sold in California are required to post on the website for cookware all of the following information:"