EU Establishes Two New Packaging Regulations

by: Mindy Abern

EU Bans BPA in Food Contact Materials: On December 31, 2024, the European Commission published Regulation (EU) 2024/3190 regarding the use of bisphenol A (“BPA”) in food contact materials and products.

Regulation (EU) 2024/3190 applies to materials and products that come into contact with food, including plastics, varnishes and coatings, printing inks, adhesives, ion-exchange resins, silicones, and rubber. Regulation (EU) 2024/3190 addresses substances classified as hazardous under harmonized EU standards, but specifically targets BPA, due to its potential health risks.

Some very limited exceptions to the prohibition on BPA are listed in Regulation (EU) 2024/3190, allowing BPA and its salts to be used in the production of food contact materials under specific conditions. For example, when migration of BPA into food is undetectable and the finished food contact product is cleaned and flushed before its first contact with food.

Single-use food contact articles containing BPA that do not comply with Regulation (EU) 2024/3190 may remain on the market until July 20, 2026.  Repeat-use food contact articles manufactured using BPA that do not comply with Regulation (EU) 2024/3190 may be placed on the market until July 20, 2026 and can remain available for sale until January 20, 2029.

Regulation (EU) 2024/3190 amends Regulation (EU) No 10/2011 and repeals Regulation (EU) 2018/213.

EU Limits PFAS in Food Packaging; Establishes Recyclability Labeling Requirements:  On February 11, 2025, a new version of the Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40) became effective.  Regulation (EU) 2025/40 addresses packaging recyclability and minimization and provides labelling requirements to help facilitate consumer recycling efforts.  Under Regulation (EU) 2025/40, packaging must be designed for recyclability and meet certain recycling criteria.  Manufacturers are also obligated to collaborate with recycling facilities.  Regulation (EU) 2025/40 provides minimum required recycled percentages for different types of packaging depending on intended use.  Packaging must be designed to minimize its weight and volume to the amount that is necessary.  Labels must indicate the material composition and recycling instructions and allows for QR codes to disseminate this information.

Regulation (EU) 2025/40 maintains the concentration limit of lead, cadmium, mercury and hexavalent chromium allowed in packaging (or packaging components) and adds a limitation on per- and polyfluorinated alkyl substances (PFAS).  Manufacturers are required to document compliance with Regulation (EU) 2025/40 including third party testing, certification, and periodic audits. 

Regulation (EU) 2025/40 replaces Directive 94/62/EC and applies beginning August 12, 2026. 

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.