U.S. Strengthens PFAS Pollution Regulation in Seafood

The U.S. Food and Drug Administration (FDA) has increased its focus on persistent organic pollutants (PFAS) in seafood. PFAS are a group of chemicals known for their heat, water, and grease resistance, widely used in various consumer products such as waterproof clothing, food packaging, and cookware. Studies indicate that PFAS can remain in the environment for hundreds of years, earning them the nickname "forever chemicals."

In July 2022, Bumble Bee Foods, a well-known canned seafood company, voluntarily recalled its smoked clam products imported from China after the FDA detected measurable levels of PFAS. This incident prompted regulators to intensify scrutiny of imported seafood. Following tests on 81 samples, including canned clams, the FDA found that PFAS levels in some samples could pose risks to human health.

Since then, the FDA has continued to investigate the potential links between PFAS and human health and released a Request for Information (RFI) in November this year concerning PFAS in seafood, aiming to collect scientific data from the seafood industry and related experts. This data includes information on PFAS concentrations in seafood, surrounding environments, and processing water, seeking methods to reduce exposure risks.

According to a briefing from the American law firm Akin, the FDA has been testing for PFAS in the overall food supply since 2019, with most samples coming from its Total Diet Study (TDS) project, which monitors the nutritional content and pollutant levels in food. Data shows that over 97% of fresh and processed food samples tested in the TDS did not detect PFAS, while 51% of seafood samples contained at least one PFAS. This percentage rose to 74% in the FDA's 2022 seafood survey.

Despite data indicating that seafood may be more susceptible to PFAS contamination than other foods, current data remains limited. The FDA has yet to decide whether to establish a minimum tolerance level for PFAS in seafood, similar to the standards for mercury levels in tuna. FDA experts believe that the current focus is on obtaining more reliable data to support future decisions.

Akin partner Nathan Brown pointed out that the FDA's focus on PFAS indicates that the issue has become a priority; however, due to insufficient information, specific regulatory measures have yet to be established. He anticipates that the FDA may take more cautious steps, such as issuing safety advisories or prioritizing testing, rather than directly establishing mandatory exposure standards.

Lisa Wallenda Picard, president of the National Fisheries Institute (NFI), urged food and beverage manufacturers to closely monitor the latest scientific developments regarding "forever chemicals." She emphasized that despite the many unknowns, the food industry has a responsibility to seek and implement feasible solutions.

In this context, some U.S. seafood suppliers have begun taking proactive measures. The Alaska Seafood Market Research Institute (ASMI) recently completed a federally funded multi-year project that tested 11 seafood products from key fisheries in Alaska for nutrients and contaminants, including heavy metals, radiation, and PFAS. The project analyzed nearly 600 fish samples and found PFAS levels to be far below any concerning thresholds. ASMI's Technical Director John Burrows revealed that the final report will be released this month, providing detailed data for the seafood industry.