Press Release
October 12, 2021

Jennifer Allen Discusses FDA Packaging Regulations

The Wrap on FDA’s Packaging Regulations
After adhering to some basic requirements, manufacturers have a few different options for the type of materials they may use in packaging, writes Jennifer Allen, partner at Zwillinger Wulkan


Like most people, you probably know that the Food and Drug Administration (FDA) regulates food.  But did you know that it also regulates food packaging?  That’s because chemicals in packaging could migrate into our food under certain conditions.  FDA defines a “food contact substance” at Code of Federal Regulations, 21, 170.3(e)(3) as “any substance that is intended for use as a component of materials used in manufacturing, packing, packaging, transporting or holding food if such use is not intended to have any technical effect in such food.”  This definition includes substances used in food packaging.

Generally speaking, regardless of the type of packaging involved or the specific component of that packaging, manufacturers are presumed to be following current good manufacturing practices.  And, if no limit is specified, the quantity of any substance used in the packaging must not exceed the amount absolutely necessary to achieve the desired result.  Provided the manufacturer adheres to those basic requirements, then it has a few different options for the types of materials it may use.


Read Jennifer's full article in Quality Assurance & Food Safety magazine.

Jennifer L. Allen

Jennifer Allen has a dual focus on litigation and food regulation, combining her litigation skills with her knowledge of FDA and USDA regulations to assist a variety of clients.

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