Read the full article by Packaging Law at Keller and Heckman (National Law Review)

“The Toxics in Packaging Clearinghouse (TPCH) revised its Model Toxics in Packaging Legislation in February 2021. The revised model legislation includes per- and polyfluoroalkyl substances (PFAS) and phthalates as regulated chemicals, and establishes new processes for identifying additional packaging chemicals of high concern. The model legislation has no legal effect, but the prior version of the model legislation was enacted – in some form – in 19 states.

By way of background, the TPCH was created by the Coalition of Northeastern Governors (CONEG) to promote the Model Toxics in Packaging Legislation. Prior to the recent update, the model legislation prohibited the sale or distribution of packages and packaging components to which lead, cadmium, mercury, or hexavalent chromium have been intentionally introduced at more than an incidental presence.  The model legislation limits the sum of lead, cadmium, mercury, and hexavalent chromium that is incidentally present in packages and packaging components to 100 parts per million (ppm) by weight.

In 2016, members of the TPCH began discussing the possibility of expanding the list of substances regulated under the model legislation and developing criteria for identifying new packaging chemicals that should be regulated. In June 2020, the TPHC introduced a draft update to the model legislation that, among other things, added PFAS and phthalates as regulated chemicals…”