Sorry, We Can’t Protect You.

In what I thought was both surprising and disappointing news, the Food and Drug Administration recently decided this month not to offer consumers further protection from phthalates.

Fortunately, as part of the movement away from BPAs, our industry has already dropped most of the compounds which are known to disrupt hormone function and have been linked to birth defects, infertility, learning disabilities, and neurological disorders. For many years, phthalates were used as “plasticizers” in our industry — chemicals that softened plastic so that it could be shaped into unique drinkware applications.

But what has irked scientists and environmental groups that are now calling for a total ban is that they feel the FDA is ignoring the proven negative health impacts, and that these compounds are still common ingredients in food packaging. The argument further suggests that a lack of a total ban disproportionately impacts marginalized groups, partly because of the simple fact that these groups may consume more fast food.

In a ruling that’s a bit like closing the barn door after the horse has already run away, the FDA did institute a ban this month on the use of 23 phthalates for food contact applications, while noting those particular compounds had already “been abandoned” by manufacturers anyway, including the phthalate compounds once used by manufacturers in the promo space.

But what vexes the scientists and environmentalists is that the FDA will still allow the use of nine other strikingly similar chemical compounds in food contact applications. The FDA said the organizations that had asked for the total ban, including the Natural Resources Defense Council, Earthjustice and the Environmental Defense Fund, “did not demonstrate that the proposed class of phthalates is no longer safe for the approved food additive uses.”

Several groups in a research consortium called Project TENDR — Targeting Environmental Neuro-Developmental Risks — condemned the FDA’s decision. Who exactly is in the TENDR group? It’s a diverse group of experts in epidemiology, toxicology, exposure science, pediatrics, obstetrics and gynecology, nursing, public health, learning and developmental disabilities, federal and state chemical policy and environmental justice, along with child and environmental advocacy organizations. Their suggestions to the FDA should not have been taken lightly.

So, why is this important to think about while you are sourcing food items? “These chemicals that are still approved for use have the ability to leach out of these products into the food, they’re ending up in our bodies and are leading to serious and irreversible health effects,” said Ami Zota, an associate professor at the George Washington University’s Milken Institute School of Public Health who is a member of Project TENDR. “That can affect the basics of human condition — like our ability to learn, our ability to have safe and healthy families,” she added. “And marginalized communities are disproportionately being burdened.”

“The FDA’s decision recklessly green-lights ongoing contamination of our food with phthalates,” Earthjustice attorney Katherine O’Brien said in a statement raising the idea that although Congress deemed many phthalates too dangerous for use in children’s toys more than a decade ago, now the FDA is enabling the continued “contamination of food and drinks.” Not what you want for your clients, or yourself.

Changing gears a bit, we wanted to make sure you are aware of a recall on promotional coffee cups sold by Moderne Glass. Unfortunately, the potential product failure comes with the exact use the cups were designed for: pouring hot water into them. The recall suggests the cups can crack, risking a burn hazard. The 15-ounce cups are ceramic, black on the outside and white on the inside, with model number “71500-White” printed on the bottom. The CPSC recall says consumers should immediately stop using the recalled coffee cups and contact Moderne Glass for a full refund. While Moderne Glass is attempting to contact all known purchasers directly, you can contact them at 800-645-5131 from 8 a.m. to 3 p.m. ET Monday through Friday. You can also email bailejo@mglass.com or visit www.glassamerica.com and click on “Recall” at the bottom of the page for more information. The good news is that the cups, which were sold from February of 2021 to February of this year, have had only six reports from consumers with cracks, and no serious injuries.