France raises the bar for packaging materials
Everyone knows the expression “doing something the French way”, meaning a sloppy, half-hearted job. But French lawmakers responsible for packaging materials have been disproving this stereotype for several years now with the introduction of a series of laws. In this article, we look at three French laws that have a serious impact on food contact materials or other packaging, and that are (well) ahead of European legislation.
Wim Geeraerts
The law on endocrine disruptors
Various substances, of both natural and human origin, can disrupt the hormone system in humans and animals. Much more research is still needed into endocrine-disrupting substances. However, substances that have been proven or are suspected to be endocrine disruptors can be found on the website of European Chemicals Agency. Examples include cyanamide, vitamin D3 and ammonium perchlorate.
To limit the effects of man-made endocrine-disrupting substances, France published 28 September 2023 a new law, whereby 127 substances may no longer be present in finished products intended for French consumers.
For packaging materials and the inks used on them, declarations of compliance are drawn up to demonstrate that the products comply with legislation. These declarations refer to the relevant European and national legislation.
Please note: To cover the French hormone decree, these declarations will need to be updated, as not all substances from the French decree are included in European and/or national legislation.
At European level, additional regulation on endocrine disruptors is now being developed. During a recent EU consultation on the draft PPWR legislation, several stakeholders indicated that they would like restrictions on endocrine-disrupting substances to be included in the PPWR legislation. We consider it likely that the Commission will act on this.
Other Member States are also actively preparing measures for endocrine-disrupting substances. In Belgium, for example, there are various actions running via the NAPED programme to keep endocrine-disrupting substances out. Spain also published a new law on the circular economy in 2022, which discourages the use of endocrine-disrupting substances.
The Inks Law
Inks are an important component of packaging materials. Certain inks contain mineral oils, which can migrate into food via packaging. Mineral oils are a very broad group of chemicals, so their health effects vary widely. Ingestion of certain mineral oils can lead to, among other things, damage to DNA and body cells.
At present, there is still no European regulation for inks. But here too, France is ahead of Europe. The French law of 13 April 2022 sets rules on the amount of mineral oils in inks. Certain levels of mineral oils are still permitted for now, but from 2025 the presence of certain mineral oils in ink will be banned.
The BPA law
Bisphenol A (BPA) is a plasticiser widely used in various applications in food contact materials. Excessive exposure to BPA can disrupt the hormone system and is harmful to the kidneys and liver.
In France, a ban on the presence of BPA in all packaging, containers and utensils has been in place since 2015. More information can be found in the law of 30 June 2010.
The European Food Safety Authority (EFSA) confirmed in 2023 that population exposure to BPA is far too high. An important nuance here is that both the European Chemicals Agency (ECHA) and the European Medicines Agency (EMA) disagreed with EFSA's methodology.
EFSA's conclusions require Europe to take action and ban BPA. The draft of this directive was published on 9 February 2024. We are therefore still waiting for the final approval and publication of the directive, but here too, French legislation is ahead of European legislation. The final law is expected to be published this year.
Want to know more?
Do you want to future-proof your packaging in light of changing legislation at European or national level? Our Normanists from the Packaging team are happy to help.
