Significant changes in the market for food contact materials: What you need to know about the Bisphenol-A (BPA) ban
On December 19, 2024, the European Commission adopted Regulation (EU) 2024/3190, which entered into force on January 20, 2025, fundamentally changing the EU regulation of bisphenol-A (BPA) and other hazardous bisphenols in relation to food contact materials. The regulation introduces a general ban on the use of BPA, with only a few exceptions.
BPA was previously widely used in plastics, varnishes, epoxy resins, printing inks, and even drinking cups. Based on the new 2023 opinion from EFSA (European Food Safety Authority), the effect of BPA on the immune and reproductive systems is significant, therefore the tolerable daily intake has been reduced to 0.2 ng/kg of body weight – this is 20,000 times lower than the previous limit.
One of the most important changes introduced by the regulation is that it completely prohibits the use of BPA and its salts in several groups of materials intended to come into contact with food.
These include:
- plastics,
- varnishes and coatings,
- adhesives,
- rubbers,
- ion-exchange resins,
- silicones,
- printing inks,
- as well as products made from these.
The regulation thus significantly expands the scope of the ban, as while previously BPA-free status was primarily mandatory for products intended for infants and young children under Commission Regulation (EU) No 10/2011, the ban now affects all age groups and extends generally to all food contact materials and articles.
The aim of the ban is to exclude even minimal migration of BPA into food, as according to new scientific data, even extremely small amounts pose a health risk to consumers.
However, the regulation takes into account the realities of industrial practice and allows exceptions for certain specific applications – such as filter membranes used in milk and beverage production or the internal coatings of large-capacity tanks – provided that the actual migration of BPA is negligible and its presence does not pose a health risk. These exceptions are subject to strict conditions and require manufacturers to apply good manufacturing practice, including the effective removal of BPA residues.
Another important aspect of the regulation is that it extends not only to BPA but also to other bisphenols and bisphenol derivatives, particularly those subject to harmonised classification as hazardous to human health (e.g., as carcinogenic, mutagenic, or toxic for reproduction). The use of such substances in food contact materials is only possible under a specific authorisation, following a strict risk assessment, during which operators must substantiate the safety of the use with scientific evidence.
The regulation also introduces the obligation for a Declaration of Conformity, by which every manufacturer and distributor must certify that the product complies with the new regulation and does not contain prohibited amounts of BPA or other hazardous bisphenols. It also mandates a separate reporting obligation for large companies, which must regularly inform the Commission about the status of the development of alternative materials.
To facilitate the transition, the regulation provides a general transitional period of 18 months, while for certain applications that are technologically difficult to replace – such as varnished metal packaging or equipment intended for repeated use – a grace period of up to 36 months may apply. This period allows industry players time to develop and introduce alternative solutions, but it does not postpone the regulation's essential purpose: the protection of human health.
Under the provisions of the regulation, being BPA-free is no longer an optional quality for manufacturers, but a mandatory legal requirement. Therefore to avoid misleading consumers, it deserves special attention that in communication towards consumers – for example, on product packaging or in advertisements – it is prohibited to present the 'BPA-free' characteristic as if it were an advantage compared to other similar products.
In summary, Regulation (EU) 2024/3190 can be considered a milestone in the development of EU food law. Its wide-ranging impact extends not only to chemical regulation and the food industry but also to consumer awareness, as the primacy of public health underlies the regulation. In the future, it will be the manufacturers' task to ensure that their food contact products contain alternative materials that are safe not only functionally but also from a health perspective.