Preventing Harmful Exposure to Phthalates Act

To ban the use of ortho-phthalate chemicals as food contact substances. 1. Short title This Act may be cited as the Preventing Harmful Exposure to Phthalates Act 2. Findings Congress finds as follows: (1) Prenatal exposures to phthalates can do lasting harm to child brain development and increase children's risks for learning, attention, and behavior disorders. (2) Pregnant women’s exposures to phthalates, which are known to decrease fetal testosterone, can harm reproductive tract development in male babies which may have lifelong consequences. (3) Phthalates that are used in food production materials have been shown to leach into food from plastic equipment, such as tubing used in commercial dairy operations, lid gaskets, food preparation gloves, conveyor belts, and food packaging materials. (4) Exposure to phthalates can come from multiple sources simultaneously, including food and food contact substances and other products. Therefore, assessing risks from individual phthalates may underestimate the health risks from exposure to mixtures of phthalates. (5) Research shows that women have higher exposure to phthalates found in personal care products than men. (6) Studies have shown that Black and Latina women have higher exposure to certain phthalates compared with White women. (7) In a nationally representative sample, Black women had higher exposures to a real-world mixture of hormonally-active phthalates compared to White women. 3. Prohibition on use of ortho-phthalate chemicals as food contact substances, including food packaging materials (a) In general Notwithstanding any other provision of law, effective on the date that is 2 years after the date of enactment of this Act— (1) the use of any ortho-phthalate chemical as a food contact substance shall be deemed to be unsafe for the purposes of the application of clause (2)(C) of section 402(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a) (2) any regulation previously issued under section 409 of such Act ( 21 U.S.C. 348 (3) the Secretary of Health and Human Services (referred to in this Act as the Secretary (b) Alternative substances Notwithstanding any other provision of law, beginning on the date that is 2 years after the date of enactment of this Act, in acting in response to any petition under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 4. FDA review of products (a) In general The Secretary shall— (1) conduct a review of products other than food that is subject to regulation by the Food and Drug Administration to determine whether such products lead to exposure of the general public to any ortho-phthalate chemical through use of such products; and (2) not later than 1 year after the date of enactment of this Act, issue a report on the findings of such review, to be made available to the public on the website of the Department of Health and Human Services. (b) Considerations In conducting the review under subsection (a), the Secretary shall consider disproportionate exposure of products containing an ortho-phthalate chemical to members of communities of color and the health effects of such exposure to members of such communities, including any increased risk of preterm birth, low birth weight, or other risks to children's health.

Summary: Preventing Harmful Exposure to Phthalates Act This bill prohibits the use of any phthalate chemical as a food contact substance. (A food contact substance is any substance 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 a technical effect in such food.) The Food and Drug Administration (FDA) must review FDA-regulated products other than food to determine whether use of such products leads to exposure to phthalate chemicals. This review must be publicly available on the website of the Department of Health and Human Services.