On 15 November 2023, the Toxics in Packaging Clearinghouse (TPCH) published guidance on the Model Legislation for the Control of Toxic Substances in Packaging Materials (hereinafter the model law) to support implementation of its requirements on PFAS and phthalates.

About TPCH

In February 2021, TPCH published a new model law on toxics in packaging, which added control requirements for two classes of substances: per- and polyfluoroalkyl substances (PFAS) and phthalates. The 19 TPCH member states are progressively incorporating PFAS and phthalates into their state-level packaging toxics requirements in line with the model law, and other non-member states are also incorporating PFAS into their legislation. The specific requirements of the model law are: the sum of lead, cadmium, mercury and hexavalent chromium shall not exceed 100 ppm, the sum of phthalates shall not exceed 100 ppm, and PFAS shall not be intentionally added (not detectable).

Details

TPCH recommends confirming whether PFAS has been intentionally added to packaging or products in the following ways:

Require suppliers to provide full material disclosure: a list of all materials and substances in the component or material.

Require suppliers to disclose whether PFAS chemicals have been added (if full material disclosure cannot be provided).

Look for third-party certification: choose certified materials where possible.

Where PFAS information cannot be obtained, the total fluorine of the packaging, product or component can be tested. If the result is below 100 ppm, the product may not contain intentionally added PFAS. The guidance lists test methods including total fluorine (TF), total organic fluorine (TOF), adsorbable organic fluorine (AOF), extractable organic fluorine (EOF), total oxidisable precursors (TOP) and targeted analysis. The guidance also recommends using SW 846 method 8270 and EPA method 3541 for phthalates and lists some of the phthalates commonly tested with these methods:

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