PFAS in Food Packaging: A State-by-State Guide for U.S. Foodservice Buyers (2026 Update)

If you buy disposable food packaging for sale or use in the United States, assume PFAS is off the table. There is still no single federal ban, but the combination of FDA action and state law means PFAS-treated fiber packaging is no longer a practical option for national buyers. The questions that matter now are which states apply to your products, what counts as "PFAS-free," and how to prove it.

Does the FDA ban PFAS in food packaging?

PFAS (per- and polyfluoroalkyl substances) were long used as grease-proofing agents on paper and molded fiber packaging. In February 2024, the U.S. Food and Drug Administration announced that PFAS grease-proofing substances were no longer being sold by manufacturers for food contact use in the U.S. market. In January 2025, FDA published a Federal Register notice declaring the 35 related food contact notifications no longer effective, and it has developed a screening method to monitor paper packaging for these substances.

This was a market phase-out, not a formal federal ban. That is why state laws carry the legal weight - and why their definitions differ.

Which U.S. states ban PFAS in food packaging?

The table below summarizes enacted state restrictions on PFAS in food packaging, based on legal tracking current to December 2025. "Plant-fiber only" means the law covers packaging made in substantial part from paper, paperboard or other plant fibers - which includes molded fiber and bagasse.

More states are moving. State legislatures introduced roughly 350 PFAS bills in 2025 and nearly 100 new bills in the first months of 2026, with food packaging proposals in states such as Illinois, Massachusetts, New Jersey and Ohio. Minnesota's PFAS product reporting requirement began in July 2026, and Maine, Minnesota and New Mexico are set to restrict intentionally added PFAS across nearly all products in 2032.

What does "intentionally added PFAS" mean?

Most state laws ban PFAS that a manufacturer deliberately adds to achieve a function, such as grease or water resistance. Definitions vary: some include PFAS used as processing aids or mold-release agents, and some include breakdown products. California adds a second test: packaging fails if it contains more than 100 ppm total organic fluorine (TOF), whether or not PFAS was intentionally added.

Labs report fluorine in two main ways. Total organic fluorine (TOF) counts only fluorine bound in organic compounds. Total fluorine (TF), often measured by combustion ion chromatography under methods such as BS EN 14582, counts organic and inorganic fluorine together. Because TF includes TOF, a TF result below 100 ppm also means TOF is below 100 ppm.

For buyers, the practical takeaway is that a supplier's "PFAS-free" statement should cover three things: the barrier chemistry, the process aids (including mold-release agents), and a measured fluorine result from an independent lab.

How do you verify food packaging is PFAS-free?

Ask for a written declaration that no PFAS is intentionally added to the product, its coatings, inks, or process aids.

Request a recent third-party fluorine test report - total fluorine (TF) or total organic fluorine (TOF) - from an accredited lab, covering each product family you plan to buy.

Ask how oil and water resistance are achieved. A credible PFAS-free supplier will describe its alternative (for example, fiber formulation and process control) rather than stay vague.

Check scope against your markets. If you ship to states with "all packaging" laws, confirm that lids, labels and inserts are covered too.

Put it in the contract. Include PFAS compliance and re-testing obligations in your supply agreement, as state laws place liability on anyone who sells or distributes non-compliant packaging.

Is Bio Earth's molded fiber packaging PFAS-free?

Bio Earth's food-contact molded fiber packaging is made from a wood pulp and bagasse blend with no intentionally added PFAS, and our standard products have no plastic lining. Oil resistance - up to 100°C (212°F) for 30 to 60 minutes - comes from fiber formulation and process control. Because Bio Earth designs its own molds and machines, performance targets such as microwave, freezer or hot-fill use are engineered into the product for each customer rather than added with a fluorinated coating.

Independent testing backs this up. SGS Taiwan tested Bio Earth's food-contact molded fiber formulation, which is shared across our foodservice product shapes (Report No. HTF24C00732, issued January 8, 2025), using a method referencing BS EN 14582:2016 with ion chromatography. Total fluorine was not detected at a reporting limit of 50 mg/kg (ppm). That is below California's 100 ppm total organic fluorine threshold. The full report is available on request.

Selected Bio Earth products are also BPI certified for commercial compostability (Certificate #10529665-1). As part of that certification, BPI verifies no intentionally added PFAS through formulation review and total fluorine screening (max. 100 ppm).

PP, PET or PLA film lamination is also available on request.

FAQ

Is bagasse packaging PFAS-free? Not automatically. Bagasse and other molded fiber products have historically been treated with fluorinated grease-proofers to resist oil, so ask for a written declaration and a recent fluorine test report. In SGS testing, total fluorine was not detected in Bio Earth's food-contact molded fiber formulation.

Is PFAS banned in food packaging nationwide? No single federal law bans it, but FDA has ended authorization for PFAS grease-proofers on paper packaging, and 14 states had enacted restrictions as of late 2025.

Does molded fiber or bagasse packaging fall under these laws? Yes. Most plant-fiber laws explicitly cover packaging made from paper or other plant fibers, which includes molded pulp and bagasse.

What is total organic fluorine (TOF)? A lab measurement of fluorine bound in organic compounds, used as a screening proxy for PFAS. California treats more than 100 ppm TOF in plant-fiber food packaging as non-compliant.

Can PFAS-free packaging still resist grease? Yes. Grease resistance can be engineered through fiber formulation and processing. Ask suppliers for temperature and time performance data for your specific food.

Need PFAS-free packaging that holds up to hot, oily food? Send us your product specs and target markets, and we will recommend a formulation and share test data. Contact: services@bioearthtech.com | www.bioearthtech.com

This article is for general information and is not legal advice. State laws change frequently; confirm current requirements with counsel before making compliance decisions.

Sources

U.S. FDA, "Authorized Uses of PFAS in Food Contact Applications" and "Market Phase-Out of Grease-Proofing Substances Containing PFAS" (fda.gov)

Bryan Cave Leighton Paisner, "PFAS in food packaging: state-by-state regulations," updated December 2025 (bclplaw.com)

Safer States, "State Action on PFAS" and 2026 policy analysis (saferstates.org)

MultiState, "State PFAS Legislation in 2026" (multistate.us)

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