In the start of a growing trend focusing on banning carbon black and other “toxic” chemicals, legislation was introduced in the New Jersey Senate on April 15, 2024, that would ban the use of carbon black and other toxic chemicals in packaging. The bill, S3135, Toxic Packaging Reduction Act, would require producers of packaging to reduce the amount of packaging being produced and calls for the creation of a Toxic Packaging Task Force. The task force would be responsible for reviewing “the toxicity of packaging in the state, and to recommend to the department the designation of additional toxic substances” which would be subject to the same bans as the materials already listed on the bill.
Carbon black is the primary pigment in black ink and is also used as an extender in many other inks. A ban on this material would have devastating consequences on the printing industry in New Jersey as there are currently no viable alternatives to replace carbon black. Beyond the impacts on printing, if this legislation is passed it will also have detrimental consequences for consumers. Vitally crucial health and safety information, including names, ingredients, instructions, warnings, and expiration dates will be withheld from the end user. Additionally, due to the significance of black ink in 4-color process printing, the ban will also prohibit the printing of other images on packaging designed to communicate its contents.
The bill would also ban the use of recycled paperboard, recycled corrugated, and black plastic, which is counterproductive to encouraging producers to incorporate more recycled content in their packaging. This is because when mixed paper and board are recycled into paperboard and old corrugated is recycled into corrugated, the paper is repulped but not deinked. This means carbon black and some of the other banned chemicals, which can be found as trace contaminants in ink and coatings, could be present in the finished product. There are no exceptions or de minimis concentrations identified in the bill. Likewise, some black plastic is formed from recycled plastic and carbon black is added to deepen the color meaning this material would also be banned.
This bill is not unique and shares some similarities with two companion bills introduced in New York State earlier this year that also seek to ban the use of carbon black on packaging due to toxicity concerns. However, carbon black in printing inks is not toxic. This has been confirmed by several state, federal, and international agencies including the Occupational Safety and Health Administration (OSHA), California’s Office of Environmental Health Hazzard Assessments (OEHHA) which governs Prop 65, and the International Agency for Research on Cancer (IARC). Studies have shown that the only toxicity concerns surrounding carbon black exist when it is in a powder form and not when it is bound in a matrix, like ink.
New Jersey’s proposed legislation has been referred to the Senate Environment and Energy Committee. If enacted, the law would impose serious penalties on any business found to be out of compliance, including administrative fines and civil action.
The Alliance is carefully monitoring the legislative process in New Jersey and will be challenging any attempts to ban carbon black with advocacy efforts.
If you reside in or have a facility located in New Jersey we need your support by taking action today.
TAKE ACTION
Thank you for joining together to oppose this detrimental legislation.
In this article, Sara Osorio, Coordinator, EHS Affairs, PRINTING United Alliance, reviews New Jersey's proposed legislation on toxics in packaging. More information can be found at Business Excellence-EHS Affairs or reach out to Sara directly if you have questions about how these issues may affect your business: sosorio@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.