FDA Denies PFAS Food Petition And Plans Bottled Water Limits

Key Takeaways

Although FDA denied a citizen petition seeking PFAS limits for certain foods, the agency continues to signal interest in PFAS oversight, including potential action on bottled water and possible future measures affecting seafood and infant formula.

The U.S. Food and Drug Administration (the “FDA”) recently denied a citizen petition that sought regulatory limits for per- and polyfluoroalkyl substances (“PFAS”) in certain foods, while separately announcing plans to establish allowable PFAS levels in bottled water.

On June 17, 2026, FDA denied the citizen petition, concluding petitioners had not provided sufficient evidence to support the requested limits in certain foods because the “data and methodologies relating to PFAS are in flux.” FDA nevertheless stated that PFAS remain a priority and that it is “working to identify routes of PFAS exposure, understand associated safety risks, and reduce the public’s dietary exposure to those PFAS that may pose safety concerns.”

The citizen petition was already the subject of ongoing litigation in federal court. As discussed in the February 2025 edition of Re:Torts, the petitioners’ lawsuit alleged that FDA’s delay in acting on their petition violated FDA regulations and federal law. Because FDA has now acted on the petition, petitioners’ unreasonable-delay claim is moot. Joint Status Report, Tucson Env’t Just. Task Force v. U.S. Food & Drug Admin., No. 4:25-cv-35 (D. Ariz. July 1, 2026), ECF No. 33.The petitioners—an Arizona-based environmental group, a German agricultural consultant, and a North Carolina law firm—have since sought leave to supplement their complaint following the denial. Id. Petitioners instead intend to pursue an Administrative Procedure Act claim challenging the denial and seeking to set it aside as unlawful. Id.

On July 1, the judge granted leave to supplement and ordered petitioners to file their supplemental complaint no later than August 3; FDA’s response is due in September. Order, Tucson Env’t Just. Task Force v. U.S. Food & Drug Admin., No. 4:25-cv-35 (D. Ariz. July 1, 2026), ECF No. 34.

Notwithstanding its denial of the citizen petition, the agency went on to emphasize its continued PFAS focus. On June 18, the day after denying the citizen petition, FDA announced its plans to establish allowable levels for certain PFAS in bottled water. 21 U.S.C. § 349(b). FDA has two years to act and is reviewing the Environmental Protection Agency’s (the “EPA”) PFAS regulations as it considers potential bottled water thresholds. Id. The announcement also identified seafood and infant formula as potential areas for future risk management actions, including possible PFAS action levels, and noted the recent EPA amendment that would implement maximum contaminant levels for only perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) and rescind levels for four other PFAS.

The authors would like to thank Devon Moore for her contributions to this article. 

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