The future of global food contact coatings regulations: navigating impending BPA and PFAS changes

Regulatory compliance for food contact materials has intensified globally, with new restrictions emerging at an unprecedented rate. Charles Turner, global director of food contact & regulatory affairs at PPG outlines what the industry needs to consider.

Europe, the US, South America, and Asia-Pacific all have tightened standards supported by sustainability initiatives such as the European Union’s (EU) Green Deal and Chemical Strategy for Sustainability.

The EU remains at the forefront, with an upcoming ban expected to pass on bisphenol A (BPA) and some other bisphenols that will impact manufacturers and suppliers. This ruling and similar restrictions in the US on per- and polyfluoroalkyl substances (PFAS) create a complex regulatory landscape for canmakers, who balance regulatory compliance with brand owner and consumer demands.

The imminent BPA ban in the EU

BPA has been under the regulatory spotlight for years, especially in Europe. In 2015, France banned BPA in all food-contact materials, setting a precedent that resonated across the region. More recently, the European Food Safety Authority (EFSA) recommended the reduction of the tolerable daily intake (TDI) of BPA by 20,000 times, basically equating to a ban.

Although the proposed EU regulation will ban BPA and some other bisphenols, there are provisions to include new classifications. For example, if bisphenols and bisphenol derivatives are reclassified as category 1 carcinogenic, mutagenic and reprotoxics (CMRs) and/or category 1 endocrine disruptors, then they will be included in the regulation.

What does the transition period for manufacturers look like?

As currently drafted, most products will have an 18-month transition period, while some seasonal or aggressive food packaging and external coatings will have 36 months. Filled cans already in the market will not require any action or recall. Unfilled metal cans have 12 months, and reusable items like aluminium bottles can remain in use for an additional 10 years.

Last year, a PFAS group restriction proposal was also introduced in the EU. After a six-month consultation and nearly 6,000 public comments submitted in response, assessment committees are now reviewing these comments. However, the timeline for finalising the proposal remains uncertain.

A PFAS shift in the US
Growing concerns of their persistence in the environment and potential health issues have driven new state legislation to reduce or eliminate PFAS in consumer goods. In fact, six state-level PFAS bans related to food contact materials exist today. Vermont, Minnesota, Oregon, Connecticut, Rhode Island and New Hampshire have all introduced tightening PFAS regulations. Although federal regulations remain in development, these state-level rules indicate a broader push across the country is coming. For companies operating across multiple regions, evolving regulations create complex compliance challenges. Companies such as PPG are already proactively eliminating PFAS from all US products and exports.

Mercosur’s influence in Latin America
Mercosur, or the Southern Common Market, was established by the Treaty of Asunción in Paraguay in 1991. Comprising Argentina, Brazil, Paraguay, and Uruguay, its purpose is to
facilitate trading. More specifically, Grupo Mercado Comum, or the Common Market Group, creates the food contact materials regulations. Central and Latin American countries have historically recognised US FDA food contact materials regulations.

Out of these countries, Brazil is the most active. Antonio Herman Benjamin, Minister of the Superior Court of Justice and Founder of the Brazilian Consumer Law and Policy Institute, has proposed legislation to better inform consumers of the presence of BPA, and potentially other materials of concern, by declaring the presence of BPA on the package label.

The regulatory landscape in Asia-Pacific
Food contact coating regulations across Asia-Pacific differ widely. China and Japan have the most established standards. However, China is revising its regulations, which are expected by late 2024, by updating its substance list and testing protocol standards that will further restrict substances like BPA. In addition, Japan’s updated positive list system for food contact materials will complete its transition into regulation in 2025.

Countries such as Indonesia and Vietnam are reviewing and updating their packaging regulations. However, few countries have dedicated standards specifically for coatings. In
markets without local regulations, manufacturers typically follow EU or US standards. Asia commonly takes this approach to adhere to international standards for product exportability.

The path forward for compliance
Manufacturers must maintain a nuanced understanding of each market’s requirements because no harmonised global standard for food contact coatings exists. For instance, EU plastics regulations, while often referenced for coatings, do not directly apply. Manufacturers must develop flexible compliance strategies supported by comprehensive testing and documentation.

Manufacturers will need to consider compliance through every step of the supply chain.
Formulation composition, testing for migration limits, assessing sensory impacts on food and beverage products, and evaluating non-intentionally added substances (NIAS) will remain critical in demonstrating compliance. While this type of analysis is necessary for the finished package, coating suppliers can also provide declarations of compliance for their coatings to support the final certification by the canmakers.

Identify the right coatings partner
It’s critical for canmakers and brand owners to work with their coatings suppliers to ensure their products meet global and regional regulatory requirements. At PPG, we were pioneers in developing BPA-NI coatings before the first regulations became active and have helped numerous companies convert their canmaking lines from the use of BPA-based epoxy coatings to non-bisphenol and PFAS-NI solutions. We recommend working closely with your coatings suppliers to stay informed and ensure your products meet the highest food safety standards.

Charles Turner is the Global Director of Food Contact & Regulatory Affairs at PPG. With more than 40 years of experience, Charles is a technical expert and speaker within the metal packaging industry. He meets with governmental agencies and industry partners to inform PPG’s research and development efforts and customers’ regulatory affairs. Charles has been critical in developing key PPG technologies for beverage, food and personal care packaging.