On March 31, 2016, a coalition of six public health and environmental organizations, including the Center for Food Safety and the Natural Resources Defense Council, filed suit in the Ninth Circuit to force the FDA to act on its 2014 petition to ban perchlorate in food packaging after the FDA missed a June 2015 deadline to respond. The plaintiffs argue, among other things, that perchlorate poses a health threat to fetuses, infants, and children and increases the risk of breast cancer. The FDA has approved perchlorate for specific uses, including as an anti-static agent in plastic packaging for dry foods. The plaintiffs asked for a court order giving the FDA 90 days to make a decision on whether to issue, amend, or repeal the regulation.

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