FDA Refuses to Cap 'Forever Chemicals' in Food Despite EPA Warnings

The US Food and Drug Administration rejected a legal petition to set binding limits on PFAS in food, even as the EPA identifies diet as the single largest source of exposure for most Americans.

The US Food and Drug Administration has formally rejected a 2023 legal petition demanding binding limits on PFAS "forever chemicals" in the American food supply — a decision that puts the agency at odds with its own scientific findings and those of the Environmental Protection Agency.

The petition, filed by the Tucson Environmental Justice Task Force in November 2023, called on the FDA to test for up to 30 PFAS compounds in produce, fish, eggs, milk, and bread. The agency failed to respond within the six-month window required by law, prompting a federal lawsuit.

Non-binding "action levels" instead of enforceable limits

Instead of "tolerance levels" — which would make it illegal to sell contaminated food — the FDA said it plans to issue non-binding "action levels" that carry no legal requirement to pull tainted products from shelves. The distinction is critical: action levels are suggestions; tolerance levels have teeth.

The scale of the problem

Recent FDA testing found PFAS in 70% of seafood samples. Independent milk testing detected the chemicals in 12% of 50 samples, including extremely high concentrations in some major retail brands. Earlier studies have also found PFAS in blueberries, kale, beer, and other water-rich produce — the chemicals are drawn to water.

PFAS enter the food system through multiple pathways: use in pesticides, food packaging, sewage sludge applied as fertilizer, non-stick cookware, and contaminated irrigation water. The EPA has concluded that food, not drinking water, is now the primary route of PFAS exposure for most Americans.

Health stakes

The class of at least 16,000 PFAS compounds has been linked to kidney and testicular cancer, birth defects, decreased immune response, elevated cholesterol, and reproductive harm. Studies show that eating a single serving of highly contaminated food can deliver PFAS exposure equivalent to drinking many glasses of contaminated water — yet regulatory attention remains overwhelmingly focused on water.

Hopes that the Kennedy-led "Make America Healthy Again" initiative would prioritize food-safety action on PFAS have so far not materialized.

"If it's important enough to regulate in water then we need to regulate it in food — that's a no-brainer," said Sandra Daussin, an attorney for the Tucson Environmental Justice Task Force.

Sources: The Guardian