USA: Past the PFAS deadline - Hershey’s dual lawsuits highlight rising risk for snack brands
The FDA’s PFAS deadline has passed and US brands are now under intense scrutiny. Hershey’s two simultaneous class-action lawsuits underscore just how high the stakes have become for the industry.
Background: The PFAS approved for use as grease-proofers on paper or paperboard can potentially migrate to food. Following an FDA safety review, substances containing PFAS approved for this use were phased-out of the U.S. market. In February 2024, the FDA announced that all grease-proofing agents containing PFAS are no longer being sold in the U.S. In January 2025, the FDA issued a Notice in the Federal Register announcing its determination that the 35 food contact notifications (FCNs) related to PFAS-containing food contact substances as grease-proofers applied to paper and paperboard food packaging are no longer effective based on the abandonment of these uses.
FDA - US Food and Drug Administration (Questions and Answers on PFAS in Food)