USA - Addition of PFAS and Phthalates to the Toxics in Packaging Clearinghouse (TPCH)

The Toxics in Packaging Clearinghouse (TPCH) announced the organization's latest update to the Model Toxics in Packaging Legislation in February. The update includes the addition of the class of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and ortho-phthalates as regulated chemicals. PFAS shall not be found in any package and packaging component while there is a limit set at 100 ppm (sum) for ortho-phthalates. The update also includes new processes and criteria for identifying and regulating additional chemicals of high concern in packaging.

PFAS means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. And phthalates/ortho-phthalates mean all members of the class of organic chemicals that are esters of phthalic acid and that contain 2 carbon chains located in the ortho-position.

The previous TPCH Model Legislation and laws enacted in 19 states prohibit the intentional use of cadmium, lead, mercury, and hexavalent chromium in any finished package or packaging component. The laws also limit the total incidental concentration of the four metals to 100ppm. Incidental concentration may result from the use of post-consumer recycled content to manufacture new packaging and components. The laws take a pollution prevention approach by prohibiting intentional use, and they place the primary burden of compliance on the supply chain by requiring manufacturers and suppliers to verify that their products are in compliance.​