The Myths of Food Contact Packaging Compliance - What It Really Entails in a Global Market

Think food contact packaging compliance is simple? Think again.

In The Myths of Food Contact Packaging Compliance: What It Really Entails in a Global Market, Taylor Cavanaugh and Ashli Span uncover the hidden complexities behind ensuring safety, compliance, and credibility across international markets. From regulatory myths to real-world challenges, this episode breaks down what businesses really need to know to navigate packaging compliance on a global stage.

Tune in to get clarity, debunk misconceptions, and learn how to approach compliance with confidence.

Presenters:

• Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris
• Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Follow us on- Intertek's Assurance In Action || Twitter || LinkedIn.

Transcript

The Myths of Food Contact Packaging Compliance – What It Really Entails in a Global Market

00:19 --> 00:26
Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Welcome back to Assurance in Action, the podcast where we unpack everything you thought you knew about regulatory, compliance, and the packaging world. I’m Taylor.

00:27 --> 00:43
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

And I’m Ashli. Today, we’re diving into a hot topic: the myths of food contact packaging compliance. There’s a lot of misinformation out there—whether it’s companies thinking compliance is “one and done,” or assuming that FDA and EU approval automatically means global acceptance.

00:44 --> 00:51
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Exactly. Compliance isn’t just a box to tick—it’s a living, evolving process. And when you’re working in a global market, the complexity multiplies.

00:52 --> 00:59
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

So today, we’re going to break down the top myths, share real-world stories, and talk about what food contact compliance really entails across different markets.

01:00 --> 01:06
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Alright. Here we go. Starting with Myth #1: "If it’s FDA compliant, it’s good everywhere." 

01:07 --> 01:13
Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Oh, this one’s everywhere. Companies say, “So..Well, we got FDA clearance—so we’re fine globally.”

 01:14 --> 01:25
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Right! But FDA compliance only covers U.S. regulations. Europe has EFSA, China has GB standards, and then there are markets like South America, MERCOSUR, Japan, and India where each one has its nuances.

 01:26 --> 01:51
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Year but the big trap companies don’t realize, is that these systems don’t overlap perfectly. For starters, the EU regulates based on monomers whereas the US regulates based on polymers. Also, a food contact substance that may be regulated under the FDA’s food contact notification might not even exist under EU legislation and it could require either a new or EU based approach for evaluation. 

01:52 --> 02:08
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

I remember working with a client who assumed their FDA-compliant PET was automatically acceptable in Europe and EFSA required a completely different regulatory review and testing evaluation that also included specific migration limit requirements, NIAS, etc. They basically had to start from scratch.

02:09 --> 02:17
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Yea. Exactly. So the takeaway is just because it is regulated in one region, doesn’t mean it can always be used as a proxy in another.

 02:18 --> 02:25
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Now for one of my favorite hot topics people thinking “Functional barriers eliminate risk”

 02:26 --> 02:32
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Yea. People definitely think that a barrier is like an invisibility cloak.
 
 

02:33 --> 02:36
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

“Oh, we have EVOH, so nothing migrates?!”
 
 

02:37 --> 02:41
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Yea. Reality check: barriers help, but their performance claims must be proven.
 
 

02:42 --> 02:47
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

You still have to consider NIAS which is non-intentionally added substances—and worst-case scenarios.
 
 

02:48 --> 02:51
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Sometimes modeling can be used, but you need verification testing.
 
 

02:52 --> 02:57
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

And barriers can fail if layers are thin, discontinuous, or even exposed to extreme heat.
 
 

02:58 --> 03:03
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

So the myth is “barrier equals no testing,” and the truth is “barrier plus proof equals compliance.”
 
 

03:04 --> 03:07
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

And that’s a pretty critical distinction there.
 
 

03:08 --> 03:08
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Absolutely

03:09 --> 03:16
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

So. Okay, well next up, we have "Compliance = a certificate." What do you think about that?

03:17 --> 03:24
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Here’s one that makes me smile. Companies think compliance is just about having a piece of paper - a DoC, or a certificate, or a letter.

 03:25 --> 03:43
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Yeah. They’ll say, “We have a certificate from our supplier, so we’re covered, right?” But a document is only as good as the science and traceability behind it and each step of the supply chain carries their own responsibility for ensuring the compliance and safe use of their product. And this goes for review and testing requirements.

03:44 --> 04:01
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Yea and regulators know this. In the EU, and I say EU specifically  because the declaration of compliance. But that Declaration of Compliance must be backed by supporting test results, traceability, and good manufacturing practice documentation throughout the supply chain.

 04:02 --> 04:23
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

And in the U.S., while suppliers may issue compliance letters or statements, the FDA doesn’t “certify” packaging and the responsibility still remains with the final article manufacturer to demonstrate that the product is regulated and compliant for it’s intended end use. So when someone says, “We’re FDA certified,” that can be a red flag that the regulation may not be fully understood.

 04:24 --> 04:36
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

That’s one of my favorites —“FDA certified.” Doesn’t exist. And I’ve even heard that from people without them knowing the intended use of the packaging which adds an extra little dash of “uh oh.”

04:37 --> 05:04
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris – 

Alright. So. Let’s look at another one. How about "Recycling content doesn’t need special approval." And with this buzz around sustainability nowadays, this myth has really taken off. People assume that because the base polymer—like PET or polyethylene—was originally food contact approved, recycled versions are automatically fine.

 
 05:05 --> 05:24
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Yea - nope. Recycling introduces variability. So incidental contaminants, unknown inputs, and the process itself can affect the safety and integrity of the final recycled polymer. To start, that’s why FDA issues No Objection Letters (NOLs) and EFSA requires recycling process approvals.

 05:25 --> 05:44
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Right. I remember a company recently using 30% post-consumer recycled content in trays and assuming it was fine because the PET was originally FDA approved. But FDA needed to evaluate the recycling process itself to ensure that it adequately removes any of the incidental contamination.

05:45 --> 06:04
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

And then we also need to take it a step further to ensure that it is understood that an NOL does not equal food contact compliance. I’d almost put that on its own myth too. It is simply the assessment on the recycling process itself and does not address any of the inherent contamination that may come from the recycled feedstock. 

06:05 --> 06:22
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Yeah – so basically the NOL is an opinion that the recycling process has cleaned the material enough for it to be eligible to be evaluated in food contact applications, but additional considerations such as evaluating for non-regulated materials and concerns of polymer degradation also need to be considered. 

 06:23 --> 06:36
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

And globally, it’s even trickier. For example, China has very strict recycled food contact regulations, and some countries still don’t allow recycled plastics in direct food contact at all. So it’s definitely a case by case basis

06:37 --> 06:44
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Alright. Time for a lightning round—quick myths, quick truths and it might burn a little bit.

06:45 --> 06:50
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Ready. First: paper is always safer than plastic.

06:51 --> 06:54
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

False. Paper can carry mineral oils, inks, and sizing agents.

06:55 --> 06:58
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Next: “Food grade” means unlimited use.
 
 

06:59 --> 07:05
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Wrong. Most clearances come with restrictions on loading levels and food types. Com’on Ash. Hit me with a good one.
 
 

07:06 --> 07:08
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Here’s one: NIAS don’t count.
 
 
 

07:09 --> 07:13

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Come on! They do count and you still have to assess unknowns.
 
 

07:14 --> 07:16
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

PFAS? Just test total fluorine.
 
 

07:17 --> 07:22
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Nope. Jurisdictions now require specific analyte lists and thresholds.
 
 

07:23 --> 07:24
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Incidental contact doesn’t matter.
 
 

07:25 --> 07:30
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

It definitely does—set-off, condensation, heat tunnels can cause contact.
 
 

07:31 --> 07:36

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

This is one of my favorites, The lab will pick the right tests just for you.
 
 

07:37 --> 07:48

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Oh goodness. This is why you need to contact us first. Wrong again. Labs run what you order. You must define the use conditions and that’s where we come to play.
 
 

07:49 --> 07:53

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Ok. Next one - Accelerated testing always equals real-time.

 07:54 --> 08:08

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Nope. Not always. Over-acceleration can over-extract and mislead your results completely.
 Let’s wrap with a case study. Imagine a polypropylene clamshell with an EVOH barrier.
 
 

08:09--> 08:12
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Plus recycled content, inks, and a laminating adhesive.
 
 

08:14 --> 08:22
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Oh. You’re getting super tricky now Ash. OK. Let’s say it’s used for hot deli foods and reheated in the microwave. Where do we start?
 
 
 

08:23 --> 08:34
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

The very first step would be regulatory mapping. First we need to confirm resins, additives, inks, and adhesives against any of the CFR and EU lists.
 
 

08:35--> 08:44
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Ok but what if it’s a supplier shares SDS’s. Is that enough information to use in order to check the regulation.  

08:45 --> 09:01
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

If they’re sharing only SDS’s on the components I just listed then no. Definitely not. SDS’s don’t necessarily require any regulatory statements or formulation information so we definitely need to go further than just the SDS.
 
 

09:02 --> 09:21
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Now we’re going to move on to Step two which is really understanding the intended end use and if you’re going against a specific region make sure you follow the guidance for the food types, simulants, and how they interpret those. In this case study, we’re going to look at hot fatty foods, multiple reheats—so we have to pick the right simulants.

09:22 --> 09:41

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Onto step three where we’re looking at the testing plan. So, if you’re looking at US there might be some evaluations for ink setoff and some final article testing, for EU, it could be overall migration or specific migration tests, NIAS screening, and possibly organoleptic testing.

 09:42 --> 09:54

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Ultimately, you need to define the testing plan and confirm and define the limits which are listed in most regulations.

09:55 --> 10:01

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Yup! And onto the next step, we want to document everything in the technical file and do a formal report. 

 10:02 --> 10:10

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

And don’t forget to put protocols in place with your suppliers and the full supply chain to make sure that any change is notified to you.

 10:11 --> 10:19

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Absolutely! So if the ink supplier changes the formulation, it would definitely trigger a retest or possible reevaluation.
 
 

10:20 --> 10:23

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

If the recycled content sources change, verify the process again.

10:24 --> 10:27
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Exactly. That’s how you build a defensible compliance story.

10:28 --> 10:35

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

So after busting all these myths, what does compliance really entail in the global market?

 10:36 --> 11:25

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Regardless of the region there are 3 main components to food contact compliance:

1. Compositional requirements with the applicable regulations in that reason to ensure the material is regulated by the agencies and to evaluate any framework regulations so the product is regulated for it’s intended end use.
2. Compliance Testing requirements are met as set forth by the applicable regulations that can include migration studies, end use testing, toxicological assessments, etc.
3. Good Manufacturing Practice regulation when the regulation exists or relevant manufacturing control and hygiene standard

11:26 --> 11:31
Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

And it’s ongoing. Not a one-off project, but a continuous commitment to maintaining compliance.

11:32 --> 11:41

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Yup. So next time someone says, “We’re FDA certified” or “our suppliers said so,” you’ll know that there’s much more to that story.

11:42 --> 11:49
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Food contact compliance is a journey, not a destination—and in the global market, it requires science, documentation, and definitely strategy.

 11:50 --> 11:56

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Thanks for joining us on Assurance in Action and we hope you’ve enjoyed today’s myth-busting session. 

11:57 --> 12:05

Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Until next time—stay compliant, stay informed… because when it comes to compliance, trust is good, but paper trail is so much better.

12:06

Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris 

Thanks guys!