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What Legal Considerations Apply to Flyers in Fast Food Bags?

November 18, 2019
Question 

For flyers that will be placed in fast food bags, are there any considerations besides the need to use food safe ink?  It is certainly possible and highly probable that loosely or partially wrapped food could come into contact with the flyer for a short period of time.

Answer 

Based on your description, the flyer would be considered a “food contact substance,” which is defined as any substance intended for use as a component of materials used in the manufacturing, packing, packaging, transportation or holding of food that is not intended to have a technical effect in food. Only substances in the flyer that migrate to the food above a de minimis amount would also be considered a food additive and, as a result, require FDA premarket clearance.

 

In the case of a flyer placed in a carry-out bag in which the food is wrapped, potential contact of the food is likely to occur no more than on an incidental basis and for a relatively short time. Consequently, migration is likely to be trace, it there is any at all. Of course, any item that contacts food is subject to the general safety requirements of the Food, Drug, and Cosmetic Act and, therefore, must be suitable for use with food so as not to result in its adulteration.