FDA strengthens supervision of BFRs in food contact products

On May 22, 2023, the U.S. Food and Drug Administration (FDA) issued an import alert (Import Alert 99-45), which included exporters from China on the red list of the import alert for food contact products containing brominated flame retardants. The FDA, under section 402(a)(2)(C)(i) of the U.S. Food, Drug, and Cosmetic Act, deems products containing unauthorized substances in food contact materials to be adulterated products and refuses to import such products into the U.S. market under section 801(a)(3).

Brominated flame retardants are a general term for organic compounds containing bromine that can be used as flame retardants, commonly used in various electronic products, plastics and textiles. Brominated flame retardants are a common pollutant, very stable in the environment, and persistent. Most brominated flame retardants are lipophilic and easily accumulate in the human body, causing endocrine disruption and even cancer. In recent years, brominated flame retardants have become a focus of law enforcement and regulation in various countries.

The issuance of the import alert (Import Alert 99-45) for food contact products containing brominated flame retardants indicates that the FDA has strengthened its enforcement and regulation of unauthorized substances in food contact materials, including brominated flame retardants. The products involved in this import alert are mainly electronic and electrical kitchen appliances, such as ice crushers, blenders, juicers, etc.

From this alert, we can see that the FDA focuses on the following two brominated flame retardants that have not been authorized by the FDA for use in food contact materials:

CTT Warm Tips: The United States is a major export region for our food contact products. Although the FDA Code of Federal Regulations Volume 21 does not have screening test requirements for unauthorized substances in food contact materials, considering that the FDA has recently strengthened its enforcement and regulation of unauthorized substances in food contact materials, including brominated flame retardants, CTT recommends that relevant manufacturers and traders test for brominated flame retardants in food contact products. For more detailed information, please feel free to contact us.