No Toxic Chemicals in Food Packaging Act of 2026
- Sponsor
- Rep. Schakowsky, Janice D. [D-IL-9]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jun 9, 2026
Bottom line
The bill bans a comprehensive list of chemicals from food packaging at the federal level, while ensuring states can implement even stricter prohibitions, with a two-year delay for industry compliance.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to explicitly deem 15 classes or specific chemical substances, including ortho-phthalates, PFAS, and various Bisphenols, as unsafe for use as food contact substances. It mandates that the Food and Drug Administration (FDA) consider potential adverse effects on vulnerable populations when reviewing alternative substances and explicitly preserves the authority of state and local governments to enact more stringent regulations.
Proponents argue
Supporters argue that this legislation is a critical step to protect public health, particularly for vulnerable populations, by eliminating known or suspected harmful chemicals from materials that come into contact with food. They contend it provides a necessary federal baseline for safety while upholding the ability of states to respond to local concerns and scientific advancements.
Opponents contend
Opponents may argue that the bill's broad, class-based ban on numerous chemicals is overly restrictive, potentially disrupting supply chains and increasing costs for manufacturers and consumers without sufficient scientific justification for every listed substance. They might also express concern that preserving state authority could create a confusing and costly patchwork of regulations across the country.
The bill is concise and clearly written, making it highly accessible for an informed reader to evaluate its provisions quickly.
Section 2(a), amending Section 409(l)(1) of the Federal Food, Drug, and Cosmetic Act
Prohibition of Specific Chemicals as Food Contact Substances
This provision adds a new subsection to the Federal Food, Drug, and Cosmetic Act, explicitly listing 15 classes or specific chemicals that are deemed unsafe for use as food contact substances. These include ortho-phthalates, PFAS, Bisphenol A, B, S, F, or AF, Acrolein, Acrylamide, BHA, Chlorinated paraffins, 1,4-Dioxane, Asbestos, Benzene, Chloroform, Methylene chloride, Ethylene oxide, Formaldehyde, and Styrene polymers. This means these substances cannot be used in materials that come into contact with food.
Supporters argue
Supporters argue this comprehensive ban is essential for public health, particularly for vulnerable populations, by proactively removing chemicals with documented or suspected adverse health effects from the food supply. They contend it provides a clear regulatory signal for industry to innovate safer alternatives.
Critics contend
Critics may argue that a blanket ban on such a broad and diverse list of chemicals, without individual risk assessments for each substance at typical exposure levels, is overly broad. They contend it could lead to unnecessary economic disruption, increased costs, and challenges in finding suitable, thoroughly vetted alternatives for all applications.
Tradeoffs
The provision balances the imperative of public health protection against the potential for economic disruption, increased costs for industry and consumers, and the challenge of ensuring safe and effective alternatives are readily available.
Section 2(a), amending Section 409(l)(2) of the Federal Food, Drug, and Cosmetic Act
Safety Review for Alternative Food Contact Substances
When the Secretary of Health and Human Services (acting through the FDA) reviews petitions for new food contact substances that are intended as alternatives to the newly banned chemicals, the Secretary must specifically consider the potential adverse effects of exposure on 'vulnerable populations.' The bill defines vulnerable populations broadly to include infants, children, adolescents, pregnant women, the elderly, individuals with preexisting medical conditions, workers, and residents in disproportionately exposed communities.
Section 2(b), amending Section 409(m) of the Federal Food, Drug, and Cosmetic Act
Preservation of State and Local Authority
This provision explicitly clarifies that the Act does not limit the authority of states or local political subdivisions to enact or enforce laws, rules, or regulations that are more stringent than federal requirements regarding food additives, including food contact substances. This includes the power to prohibit the use of any substance or regulate the manufacture, distribution, sale, or use of food containing such additives, and clarifies that the Act does not affect liability under state or local law.
Section 2(c)
Two-Year Delayed Implementation
The provisions of Section 409(l), which ban the specific chemicals from food contact substances, will not take effect until two years after the date the Act is enacted. This delay provides a transition period for industries to adjust their manufacturing processes, reformulate products, and source alternative materials to comply with the new regulations.