Recycled Materials in Food-Contact Packaging

In this episode of Assurance in Action, our experts Ashli Span and Taylor Cavanaugh break down one of the hottest — and most misunderstood — sustainability trends in packaging: recycled materials in food-contact applications.

What sounds like a win for the planet can quickly turn into a compliance nightmare if you’re not careful. From navigating FDA requirements like No Objection Letters (NOLs) to the risks of unverified supply chains and challenge test limitations, we bring clarity to the complexities of safe, sustainable packaging.

Whether you're a brand, manufacturer, or packaging supplier, you’ll walk away with a clearer picture of what it really takes to make recycled content work safely in food-contact materials.

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Transcript

Recycled Materials in Food-Contact Packaging

July 28, 2025

00:16 --> 00:29
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Hey everyone, and welcome back to Assuris in Action, where we dig into the good, the bad, and sometimes the not-so-clear world of packaging compliance and sustainability. I’m Ashli…

00:29 --> 00:38
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

…and I’m Taylor, and buckle up, because today we’re peeling back the label on something that’s got everyone talking: recycled materials in food-contact packaging.

00:38 --> 00:53
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Oh yes. Everyone wants to slap that “made from recycled materials” or “contains 50% recycled content” badge on their food containers, but few realize the regulatory minefield that lies beneath some of these sustainability claims.

00:53 --> 01:00
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Wait! You mean that just recycling something doesn’t automatically make it safe to eat off of?

01:00 --> 01:17
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Shocking, right? But let’s be real, recycled materials can be amazing if they’re properly vetted. But you’d be surprised how many companies skip critical steps, often times unknowingly marketing an NOL as a basis for their material’s compliance. 

01:17 --> 01:39
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

So first things first, if you want to use recycled material in a food-contact article in the U.S., you’ll need to verify it is in compliance with appropriate FDA regulations. That means a No Objection Letter (NOL), a Food Contact Notification, or coverage under existing 21 CFR regulations. You can’t just say “it’s PET, it’s fine.”

01:39 --> 01:58
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Right. And I hate to say it, but we’ve seen some big names assume that just because a recycler has an NOL, they’re covered. But here’s the kicker: that NOL only applies to that recycler’s process and feedstock. If you change suppliers or even if they change their feedstock, that clearance may no longer apply.

01:58 --> 02:13
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Which brings us to supplier agreements. If your supplier makes any change—feedstock, process, additives, they need to notify you. And if you’re not locking that into your contracts, you’re putting your compliance, and your brand, at risk.

02:13 --> 02:25
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Let’s talk about what the NOL doesn’t do. People love to point to that letter like it’s a golden ticket. But in reality, it’s just a starting point. It mainly addresses incidental contamination based on a challenge test.

02:25 --> 02:39
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

That’s the one where they spike the plastic with a cocktail of contaminants and then show their process can clean it up. But it doesn’t evaluate for inherent contamination, degradation products, or even the additives that were in the original plastic.

02:39 --> 02:51
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Exactly. So, if that recycled content contains phthalates, BPA, or low molecular weight stuff from the original use, or gets degraded during reprocessing, you’re not catching that in the challenge test.

02:51 --> 03:04
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

This is where we get a little controversial, because honestly, relying only on a challenge test to ensure safety is like… checking if a pool is clean by just skimming the surface. You’ve got to test what’s in the water too.

03:04 --> 03:16
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

So what does a responsible test plan look like? First, you need to define your feedstock. What are you recycling, post-consumer PET from soda bottles, or industrial scrap? That determines your risk profile.

03:16 --> 03:29
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Then you build a protocol. That could include but is not limited to:

•         Metals,

•         Molecular weight distribution,

•         Volatile and non-volatile extractives,

•         BPA, phthalates, and other known substances of concern.

03:29 --> 03:40
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Don’t forget additive screening and 21 CFR compliance checks. Just because something isn’t migrating now doesn’t mean it won’t leach into acidic or fatty foods under higher temps.

03:40 --> 03:47
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

And speaking of acid and fat, it still blows my mind how often people test with water and call it a day. The simulant matters!

03:47 --> 03:57
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Okay, so let’s say you’ve got your testing dialed in. You still need to make sure your supplier isn’t cutting corners. That’s where assessing Good Manufacturing Practices (GMP) comes into play.

03:57 --> 04:11
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Right, this can be a desktop audit, a facility inspection, or even a product compliance review. The point is: Are they actually doing what they claim? Are they following SOPs, documenting changes, tracing inputs?

04:11 --> 04:24
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And don’t forget traceability. You need to know where your feedstock came from, how it was processed, and what controls are in place. If that recycler suddenly mixes in lower-grade input, you could lose your food-contact compliance overnight.

04:24 --> 04:33
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

It’s not about playing “gotcha”, it’s about building trust and ensuring the integrity of your final article. If you’re going to market a sustainable package, make sure it’s also safe.

04:33 --> 04:39
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Alright, real talk, Taylor, should brands even be using recycled content in food-contact packaging?

04:39 --> 04:48
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Yeah, absolutely! But only if they’re doing it the right way. It’s not just about looking green, it’s about making sure it’s safe, honest, and well thought out.

04:48 --> 04:58
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Totally. And if you’re not sure where to start, that’s okay. Just don’t go it alone, talk to people who really get FDA rules, testing, and all the behind-the-scenes supply chain stuff.

04:58 --> 05:04
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

Think of it like cooking, you wouldn’t serve a dish without knowing what’s in it, right? Same goes for your packaging.

05:04 --> 05:13
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

That’s it for this episode of Assuris in Action. Until next time, keep your packaging safe, and your claims cleaner than your lunchbox lid.

05:13 --> 05:25
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris 

And yes, we’re obviously moms, because we know how gross those can get. Got questions, rants, or packaging horror stories that still haunt you? Drop ’em in the comments, we live for the drama."

05:25 --> 05:28
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Both: Bye, everyone!