Commission proposal banning BPA in food contact materials is becoming law

First things first – what is BPA and what are the concerns about it?

Bisphenol A (BPA) is a chemical substance used to manufacture certain food contact materials such as epoxy resins for coatings in metal packaging like food and drink cans, and in durable plastics such as reusable drinks bottles or equipment used in the processing and transport of food. It has minor uses for applications such as printing inks and adhesives but is also important in the manufacture of other substances such as BADGE, bisphenol A – diglycidyl ether, which is used in epoxy-based coatings in food storage and transport containers such as tanks for wine and beer.

Food contact materials are a much broader category than single-use food packaging and wrappers used when food is packaged for consumers. In fact, all materials and equipment involved in the production, processing, transport and storage of food are food contact materials. They also include all the items in your kitchen, like cookware as well as items on your table such as plates, bowls, cups and cutlery and even the coffee machines and water coolers in the office. Food contact materials are not only made of plastic either, with many items made from a variety of materials such as metal, ceramic, glass, rubber and paper. Chemicals such as BPA used in food contact materials can migrate in very small amounts to the food and drinks they contain. The safety of food contact materials, including food packaging, is crucial for the protection of consumers against hazardous chemicals.

EU-funded research under HORIZON 2020 recently measured chemicals in people’s bodies in Europe and detected BPA in the urine of 92% of adult participants from 11 European countries. The levels of BPA found exceeded safety thresholds established by the European Food Safety Authority (EFSA). Although it has been in use for decades, recent data shows that BPA has the potential to impact the immune system at far lower exposure levels than previously thought in addition to its endocrine disrupting properties.

Hasn’t the EU been looking at the safety of BPA for several years now?

The European Food Safety Authority (EFSA) published its first risk assessment of BPA back in 2007, to give you an indication of how long this particular chemical has been under scrutiny.

In January 2011, the use of BPA in the manufacture of polycarbonate infant feeding bottles was prohibited in the EU. Following an updated opinion from EFSA a few years later, BPA was banned in plastic bottles and packaging containing food for babies and children under three years of age from September 2018. At the same time, the EU introduced stricter limits on BPA from plastic food contact materials and applied the same limits to coated materials (such as metal cans), which is its main use in food contact applications.

BPA is also used in many other applications, and since January 2020, it has been banned in thermal paper receipts under the REACH Regulation. The work is far from over and continually evolving. Recently, the European Chemicals Agency (ECHA) and Member States assessed a group of 148 bisphenols and recommended that 34 of them be restricted due to their potential hormonal or reprotoxic effects for human health and for the environment. Data is also being generated for a further 22 bisphenols.

What is the latest state of play on BPA?

An EFSA opinion published in April 2023 lowered the tolerable daily intake (TDI) to just 0.2 nanograms/ kg bodyweight based on “potential harmful effects on the immune system” and concluded that current exposure levels to BPA posed a risk to consumers across all age groups. In immediate response to this opinion, the Commission proposed a ban of BPA in food contact materials in July 2023. The Commission published and consulted on a draft Regulation via the Commission’s ‘Have Your Say’ portal earlier this year.

EU Member States gave their agreement to this ban in June 2024. And now the European Parliament and the Council have given their greenlight to pass it into EU law.

This ban will apply to the use of BPA in packaging, such as the coating used on metal cans, and to the use of BPA in consumer articles, such as reusable plastic drink bottles, water distribution coolers or other kitchenware.

There are very limited exceptions to the ban for cases where there are no available safe alternatives, including its use to manufacture plastic filtration membranes necessary to ensure microbiological safety of certain foods where such use is not considered to pose a risk to consumers, but these will be kept under review. Transition periods will apply to allow industry to adjust and avoid potential disruptions to the food chain.

Simply put, this ban will protect the health of European citizens.

What other food contact material proposals are in the pipeline?

In addition to the continued implementation of current legislation, including rules to ensure the safety of recycled plastic materials which has been a recent major achievement, we are currently working on a revision of the entire food contact materials legislation. The aim is to simplify the legislation, provide more clarity on rules concerning the safety of all food contact materials placed on the market across the EU – thus harmonising the rules for many more materials than just plastic (as is the case today), making it easier for businesses to ensure compliance, and ultimately improving consumer health protection.

We have already consulted on some broad options in a roadmap including further restrictions on harmful chemicals. The revision also aims to complement and provide better coherence with other chemicals and consumer products legislation as well as support more innovative and sustainable solutions to food contact materials.