FDA Rejects Petition to Set PFAS Limits in Food

FDA Rejects Petition to Set PFAS Limits in Food

The US Food and Drug Administration (FDA) has rejected a legal petition to establish mandatory limits on PFAS "forever chemicals" in food. Despite the Environmental Protection Agency (EPA) identifying food as the primary source of PFAS exposure, the FDA has declined to set "tolerance levels"—which would make it illegal to sell contaminated food—opting instead for non-binding "action levels" that do not require the removal of contaminated products from shelves.

PFAS Contamination Sources and Health Risks

PFAS (per- and polyfluoroalkyl substances) are a class of at least 16,000 compounds used to create water-, stain- and grease-resistant products. These "forever chemicals" are designed to be indestructible and persist in the environment for thousands of years.

Exposure to PFAS is linked to several serious health problems, including:

  • Cancer
  • Birth defects
  • Decreased immunity
  • High cholesterol
  • Kidney disease

Contamination enters the food supply through several vectors:

  • Agricultural inputs: Pesticides and the use of sewage sludge as fertilizer.
  • Packaging: PFAS-treated food packaging.
  • Production: Non-stick cookware and polluted water used in processing or growing.

Evidence of Food Contamination

Independent testing and agency data reveal widespread contamination across various food categories. While the FDA conducts limited annual testing, independent reports have found PFAS in the following:

  • Seafood: FDA testing found 70% of seafood samples contained PFAS. EPA testing found chemicals in all but one sample.
  • Milk: Independent testing found PFAS in 12% of 50 samples, including products from Whole Foods and Kirkland Signature brands.
  • Produce: High levels have been found in blueberries, kale, and other water-rich produce. In one North Carolina case, eating 10 blueberries grown near a PFAS plant was equivalent to drinking a liter of water exceeding federal limits for the chemical Gen X.
  • Freshwater Fish: An Environmental Working Group analysis found that one serving of US freshwater fish with median PFAS levels could be equivalent to drinking highly contaminated water every day for a month.

Regulatory Gap and Testing Methodology

There is a significant regulatory gap between water and food regulation. While the EPA has focused on reining in PFAS in drinking water, the FDA has not established mandatory limits for food.

Sandra Daussin, an attorney for the Tucson Environmental Justice Task Force (TEJTF), who filed the petition, argues that if regulation is necessary for water, it is equally necessary for food, stating:

"Your body doesn’t know how the PFAS got in there."

Critics also point to a FDA testing methodology change in 2019. After adjusting its methodology partway through a study, the number of contaminated food samples dropped from 182 to 78. Brian Ronholm, a former USDA deputy under secretary of food safety, compared this to "using a radar gun to detect speeding in cars, but then manipulating the radar so that it only detects speeding in cars going over 100 mph."

Current Status and Legal Action

The Tucson Environmental Justice Task Force (TEJTF) originally filed a petition in November 2023 requesting the FDA to check for 30 PFAS compounds in produce, fish, eggs, milk, and bread. After the FDA failed to respond within the six-month legal timeframe, the TEJTF scaled back the request in 2025 to focus on advisory thresholds for PFOA and PFOS in seafood and milk.

Despite the FDA's claim that there is "insufficient evidence to support [the] request," the agency has rejected the revised petition. The TEJTF now plans to sue the FDA to compel the court to order the establishment of mandatory thresholds.

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