Skip to main content

Are Paper Baking Cups Regulated Under California Proposition 65?

Get Answers

Are Paper Baking Cups Regulated Under California Proposition 65?


My question is regarding paper baking cups, the items inserted into baking trays when baking cupcakes. Are they regulated under the California Proposition 65 regulations on lead content or FDA regulations, similar to food wrappers, since this is a food contact item. Can you offer any insight into which regulation should be followed for paper baking cups?


Paper baking cups, and other food contact items, sold in California are subject to both U.S. Food and Drug Administration (FDA) and California Proposition 65 regulations, since FDA does not have preemptive food authority with respect to Prop. 65. You also need to comply with California's Toxics in Packaging Prevention Act, which imposes a 100 ppm limit on the incidental level of lead, along with several other heavy metals, in all packaging material. California's law is based on model legislation developed by the Coalition of Northeastern Governors (CONEG). The legislation was designed to reduce the levels of four heavy metals (lead, cadmium, mercury, and hexavalent chromium) from entering the municipal solid waste streams.

Ask an Attorney

We invite you to submit a question related to the regulations of packaging materials to our Keller and Heckman packaging attorneys.
Ask a Question