AB 1200 - Banning PFAS from paper, paperboard and plant-based food packaging

Like many chemicals in use today, per- and polyfluoroalkyl substances -- known as PFAS -- were discovered in the early part of the last century and quickly put to commercial use. Because of their unique molecular bond, PFAS makes things resistant to oil, water, heat and corrosion.

There are about 12,000 types of PFAS chemicals found in all types of products: fast food packaging, non-stick cookware, rainwear, cosmetics, clothing, tablecloths, outdoor equipment, firefighting foam and more. PFAS are frequently found in water and soil as a result of manufacturing and waste disposal processes, and have earned the nickname "forever chemicals" because they do not break down in the environment.

PFAS builds up in human blood and organs, and are found in the blood of 97% of Americans; exposure is linked to increased risk of cancer, high cholesterol, hormonal disruption, damage to developing fetuses and reduced vaccine effectiveness.

Reducing these serious health risks was the goal behind the California legislature's adoption of AB 1200.

Starting on Jan. 1, 2022, PFAS are banned from paper, paperboard and plant-based food packaging. And manufacturers will also have to make public on their websites a list of all PFAS chemicals present in their pots, pans, and other cookware. On Jan. 1, 2024, manufacturers will then have to include warning labels on all cookware containing PFAS in coatings and handles.

Food is a major source of PFAS exposure, so eliminating the chemicals from food packaging is a solid first step. Consumer Reports in March published results after testing more than 100 food packaging products from restaurant and grocery chains. They found the chemicals in all sorts of packaging, including from chains that operate all over California.

Under AB 1200, paper food packaging used in California must have less than 100 parts per million organic fluorine, the chemical that indicates the presence of PFAS. The law also includes paper straws and compostable utensils.

Going by CR's test results, as of Jan. 1, Arby's must change its burger wrapping paper (tested at 457.5 ppm); Burger King will need to ditch it's Whopper wrapper (249.7 ppm) and its bags for French toast sticks (345.7 ppm) and chicken nuggets (165 ppm); Chick-fil-a will need to ditch it's sandwich wrapper (553.5 ppm); McDonalds will need to change its bags for fries (250.3 ppm), cookies (250 ppm) and chicken nuggets (219 ppm), and it's Big Mac container (195.3 ppm).

While national or big regional chains can be expected to better withstand any unanticipated costs incurred by the new law, it also applies to the thousands of small restaurants and food carts in the state. Mom-and-pop businesses generally buy their wraps, bags, paper plates and packaging from big box stores or other suppliers who, in turn, have orders fulfilled by factories in China or other places where environmental regulations are lax. Even so, these big paper product makers are unlikely to slip through the cracks.

This isn't California's first law aimed at eliminating people's PFAS exposure. Since 2020, lawmakers have banned 13 PFAS from personal care products, from nearly all PFAS use in firefighting foam, and from "juvenile products" such as high chairs, playpens, strollers and kids' mattresses.