February 6, 2023

Volume XIII, Number 37

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February 03, 2023

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FDA Releases Results from Second Round of Testing for PFAS in Foods

On December 20, 2019, the FDA released the results from the second round of testing for 16 per- and polyfluoroalkyl substances (PFAS) in foods. This testing is being conducted as part of the FDA’s Total Diet Study (TDS) which monitors levels of approximately 800 contaminants and nutrients in the average U.S. diet.

The results from the first round of testing were posted in October 2019. Those results showed that two samples, collected from ground turkey and tilapia, had detectable levels of PFOS – one of the two types of PFAS most regulation efforts have focused on. In the second round of testing, only tilapia had a detectable level of PFOS. No other PFAS were detected in either sample set. The FDA has stated that, based on the best available science, there is no indication that PFOS presents a human health concern at the levels found in these limited samples.

While EPA has been focused on other regulatory aspects of PFAS, such as potentially including them in the Toxic Release Inventory (TRI) and finalizing groundwater numbers, the FDA has begun including PFAS in the TDS to answer questions related to PFAS in the food chain.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume IX, Number 358

About this Author

Jennifer C. Baker Of Counsel Brownfields and Environmental Transactional Diligence  Environmental  Environmental Litigation  Pipelines  Remediation, Corrective Action and Voluntary Cleanups
Of Counsel

Environmental lawyer Jennifer Baker guides commercial and industrial clients and landowners through virtually all phases of remediation projects and environmental litigation. She assists clients in resolving their contaminated site issues, as well as provides strategic, cost-effective approaches to addressing potential and existing environmental liabilities and demands.

Jennifer practices as part of the firm’s Environmental Department, which has been frequently recognized as Tier 1 for national environmental litigation in the annual "Best Law Firms" ranking by U.S. News and Best...

Tammy Helminski, Barnes Thornburg Law Firm, Grand Rapids, Environmental Law Attorney

Tammy L. Helminski is an associate in the Grand Rapids office of Barnes & Thornburg, and a member of the firm’s Environmental Law Department. Ms. Helminski has experience with environmental due diligence and risk evaluation, project management of large-scale remediation sites involving numerous parties, and assisting manufacturing and developer clients with environmental auditing and compliance. Her litigation experience includes representing clients in cases involving CERCLA, NEPA, RCRA and NREPA, as well as product liability, mold, asbestos, construction and contract litigation...

Alexandra Robinson French, Barnes Thornburg Law Firm, Indianapolis, Litigation Law Attorney

Alexandra Robinson French is an associate in the Indianapolis office of Barnes & Thornburg and a member of the firm’s Litigation Department. She serves clients in the agriculture and food processing industries, as well as clients with more general litigation needs.

Growing up in a farming community with a family background in the sale and application of crop protection products, Ms. French saw first-hand the importance of agriculture and the challenges facing the industry in an increasingly regulated and financially strained space. In view...

Jeffrey Longsworth, Barnes Thornburg Law Frim, Washington DC, Environmental Law Attorney

Jeffrey S. Longsworth is a partner in the Washington, D.C. office of Barnes & Thornburg LLP and the D.C. administrator of the Environmental Department, which was recently recognized as Tier 1 for national environmental litigation in the annual "Best Law Firms" ranking by U.S. News and Best Lawyers. He is involved in counseling and litigating issues that arise under federal environmental laws and regulations, with an emphasis on Clean Water Act matters, especially issues involving permitting, stormwater, effluent limitations guidelines, enforcement, inspections and spill...