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July 29, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article "US FDA scrutinising fluorinated plastic food containers"

On July 28, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a U.S. Food and Drug Administration (FDA) plan to evaluate fluorinated plastic food containers for potential per- and polyfluoroalkyl substance (PFAS) leaching. 

The FDA said that while companies must fulfil "strict data requirements" to demonstrate non-hazardous conditions of use before approval, it reassesses risks as knowledge advances, such as by looking at the research from domestic and international agencies. "The FDA may revoke authorisations if the FDA concludes that there is no longer a reasonable certainty of no harm," it said.

Lynn Bergeson, Bergeson & Campbell’s managing partner, said the agency "can be expected" to pay attention to polypropylene. "Industry stakeholders need to do their part in assuring their plastic containers are not fluorinated by a technology that could result in incidental PFAS contamination," she told Chemical Watch. 

The regulated community should also remember TSCA section 8(e) reporting obligations, she said, which mandate immediate notification to the EPA when information reveals that a substance might present a "substantial risk" to human health or the environment.

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