Food packaging regulation in the United States is entering a more complex phase, with federal reform efforts advancing alongside a growing number of state-level restrictions. For businesses, this means food contact material compliance is no longer only a technical regulatory issue; it is becoming a strategic product stewardship, supply chain, and market access priority.
Overview of U.S. Food Contact Materials Regulations
For many companies, food packaging has traditionally been viewed as a practical part of product delivery: it protects food, extends shelf life, supports branding, and helps products move efficiently through the supply chain. However, food packaging is also becoming a focal point for chemical safety, transparency, and under increasing regulatory accountability in the United States. While the U.S. Food and Drug Administration (FDA) regulates food contact substances (FCSs), the gradual pace of federal reform has prompted several states to propose or adopt their own requirements for food contact materials (FCMs) used in packaging. One key driver is the FDA’s ongoing review of the Generally Recognized as Safe (GRAS) program, including proposals to increase transparency and require greater agency review of substances used in the food supply.
FDA Food Contact Materials Reform: What is Changing?
The FDA has also indicated that food chemical safety and food packaging guidance are priorities for its Human Foods Program. Updated guidance is expected to include information on FDA substance assessment activities, as well as draft recommendations for food contact substance premarket submissions. Potential changes may include:
- A reduction in the recommended food mass-to-packaging surface area ratio to reflect the increasing use of smaller food packaging formats. This change could increase the amount of migration and exposure data needed to support safety conclusions for certain packaging materials.
- Changes to consumption factors, which estimate the fraction of food contact materials from packaging that may be present in the daily diet. These values are used with migration data to estimate dietary exposure to food contact substances. For example, the consumption factor for paper may decrease, while the consumption factor for polyethylene terephthalate (PET) may increase.
State Food Packaging Laws Are Expanding Compliance Requirements
Despite these stated goals, federal reform in the FCM area is moving gradually. As a result, many states are increasingly stepping into the regulatory space, taking action to address substances of concern in food packaging. This shift is significant because state laws often point to the ability of state legislation to move more quickly than federal rulemaking and may respond directly to public concern around chemical exposure, environmental persistence, and consumer product safety. Many of these laws share common themes, including substance disclosures, use restrictions or bans, and reporting requirements. A typical example is the prohibition or limitation of per- and polyfluoroalkyl substances (PFAS) in food packaging. PFAS are a large group of persistent chemicals sometimes used to provide grease, oil, or water resistance.
Although many state-level laws contain similar provisions, they are not fully aligned. This creates a patchwork of requirements that can be difficult for companies to manage, particularly when products are distributed across multiple states. Without clear federal pre-emption, companies may face increased compliance complexity, inconsistent customer expectations, and the potential for legal challenges. For companies placing food products, food packaging, or packaging components on the U.S. market, the direction of travel is clear: compliance will require earlier engagement with suppliers, better visibility into material composition, and a more proactive approach to regulatory change management.
Preparing for Federal and State Food Contact Materials Compliance
Businesses should not wait for complete federal alignment before assessing their food packaging compliance position. Companies that understand the chemical composition of their packaging, maintain strong supplier documentation, and monitor both federal and state developments will be better prepared to respond to new restrictions, customer inquiries, and retailer requirements. This is particularly important for companies with national distribution models, where one packaging decision may need to satisfy multiple state-level requirements at once.
From a practical perspective, food contact material compliance should be engrained in the product stewardship systems in place. This means building compliance considerations into product development, supplier qualification, material substitution, customer communication, and market access planning. Companies that take a proactive approach can reduce disruption, avoid reactive reformulation, and demonstrate greater confidence to customers, regulators, and downstream partners.
How H2 Compliance Supports Food Contact Materials Compliance
- Identify prohibited or restricted substances in FCMs and food packaging formulations
- Evaluate the data used to support safety conclusions for these substances
- Assess safer alternatives for substitution, where appropriate
- Prepare food contact notifications or disclosures, as needed
- Provide support with Extended Producer Responsibility (EPR) regulatory compliance
For more assistance, please reach out to H2 today.
Published August 7th, 2026
Article image generated with the assistance of Artificial Intelligence.