FDA Weighs Next Steps on Decaf Solvent Rules Following New Comments

The U.S. Food and Drug Administration (FDA) has closed a reopened public comment period on a food-additive petition that could affect the continued use of methylene chloride in coffee decaffeination.

The renewed comment period, which closed June 29, invited new information on a 2.5-year-old petition seeking to remove food-additive authorizations for four solvents: benzene, ethylene dichloride, methylene chloride and trichloroethylene.

For the coffee industry, the key substance is methylene chloride, a chemical solvent used in some commercial coffee decaffeination, often described as the “European method.” The chemical is currently monitored by the FDA through residue limits of 10 parts per million in decaffeinated roasted coffee and decaffeinated soluble coffee extract.

The petition was filed in December 2023 by a coalition of consumer advocacy groups including the Environmental Defense Fund, Breast Cancer Prevention Partners, the Center for Environmental Health and the Environmental Working Group, and individual Lisa Lefferts.

The petitioners argue that the solvents have been found to induce cancer in humans or animals and therefore cannot legally remain authorized as food additives under the Delaney Clause, a provision of federal law barring carcinogenic food additives.

In a January 2024 announcement, EDF Senior Director for Chemicals Policy Maria Doa said, “FDA has been disregarding the law by permitting these long-established carcinogens to be added to food.”

Some coffee companies say they have moved away from methylene chloride in decaf sourcing or marketing. Yet the U.S. coffee industry’s most active trade group has pushed back against the petition, arguing that methylene-chloride decaf is safe under existing limits and that a ban would needlessly restrict consumer access.

The National Coffee Association said approximately 10% of U.S. adults, or about 26 million people, drink decaf daily, and that most decaf coffee is produced using the European Method. “Banning European Method decaf would defy science and harm Americans’ health,” NCA President and CEO Bill Murray said in a March 2024 statement.

The group has also characterized the groups seeking restrictions as “activist groups known for using scare tactics to frighten Americans about the safety of everyday foods.”

When the FDA reopened the comment period on the docket, it specifically asked for “practical considerations” for manufacturers in “phasing out impacted uses” should the agency partially or fully grant the petition.

The agency has not yet announced a decision. 

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