Ranking retailers on toxic chemicals

Ranking retailers on toxic chemicals

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Restaurant Brands International

F
  • Burger King
  • Popeyes
  • Tim Hortons

Restaurant Brands International (RBI), including subsidiaries Tim Hortons, Burger King, and Popeyes, is still failing to publicly address key toxic indirect food additives that may be in food contact materials. With a letter grade of F and a score of 7.75 points out of 146.5, it ranked 34th out of the 43 retailers evaluated this year.

While RBI has no significant public-facing commitments to address the safety of indirect food additives that can be in food contact materials, the company does receive credit for restricting BPA in children’s plastic toys and promotional cups, for having a multi-chemical BRSL (including 15 phthalates) for toys, and for testing to ensure compliance with the most stringent global regulation in all locations. However, recent testing has found that a tested PVC glove from a Burger King restaurant location contained ortho-phthalates.

Opportunities for improvement: RBI can make progress by developing a public written safer chemicals policy for toxic indirect food additives in food contact materials, addressing at least bisphenols (beyond BPA), per- and polyfluoroalkyl substances (PFAS) and additional phthalates, setting quantifiable goals with clear timelines, and eliminating and safely replacing any toxic indirect food additives that may be in food contact materials. RBI should also become a signatory to the Chemical Footprint Project and pilot it with key private label suppliers.

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Summary of Restaurant Brands International’s Grade

1.25 out of 17.5 points

Policy: Adopted a retailer safer chemicals policy

Explanation of Points

RBI has posted the following statement on its website: “As part of our commitment to safe ingredients, our product specifications require that all approved plastic toys and promotional drink wear not contain bisphenol A (“BPAs”), and prohibit the use of perfluorooctanoic acid (“PFOAs”) within our approved paper and packaging products.” The prohibition on PFOA does not go beyond regulatory compliance, as FDA already bans this chemical from food packaging. RBI staff clarified in September 2019 that the policy on BPA “covers Plastics or rubbers in toys intended for use by children under 36 months OR in toys intended to be placed in the mouth, as well as all plastics in items intended for food-contact.”

RBI separately noted to us that it holds all toys (only Burger King offers toys, out of the three RBI brands) to “the strictest global requirements” for not just BPA, but also 15 phthalates and around 25 additional chemicals of high concern (CHCs). This effort functions as a beyond restricted substance list (BRSL) in the countries that have a less strict standard compared with the strictest global regulation.

RBI has no public written safer chemicals policy related to toxic indirect food additives (since the statement on its website is too limited to amount to a policy), has not set public quantifiable goals for reducing and eliminating these CHCs, and does not have a publicly available manufacturing restricted substance list (MRSL).

0 out of 5 points

Oversight: Established management responsibilities and incentives

Explanation of Points

RBI has not assigned senior management to implement the company’s safer chemicals policy (because RBI has no public written safer chemicals policy).

2.5 out of 12.5 points

Accountability: Ensures supply chain accountability

Explanation of Points

The company states that “Burger King Global Premium Toy Programs sold or distributed by Burger King Corporation throughout the world …are subjected to a rigorous safety and quality assurance program. As part of this program, we perform Phthalate and BPA content analyses and can ensure the most stringent global regulatory limits and requirements are met.” RBI also noted separately that the company tests toys for the presence of around 25 additional chemicals to ensure compliance to the strictest global requirements in all locations (i.e., beyond regulatory compliance in some locations).

Although the testing is partly to ensure regulatory compliance, since RBI states that it holds all Burger King toys to the highest global limit, we are awarding full credit for RBI conducting routine testing.

RBI has not specifically disclosed that it incorporates its safer chemicals policy or reporting requirements in supplier contracts, that it trains suppliers on the company’s safer chemicals policy or reporting requirements, or that it requires suppliers to conduct testing in third-party laboratories and provide results to the retailer.

0 out of 13 points

Disclosure: Requires suppliers to report use of chemicals in products to retailer

Explanation of Points

RBI has not taken any discernible action on the disclosure to itself of indirect food additives associated with food contact materials that goes beyond regulatory compliance.

3 out of 16 points

Action: Reduced or eliminated chemicals of high concern (CHCs) within the last three years

Explanation of Points

RBI has reduced phthalates and BPA in children’s promotional toys, going beyond regulatory compliance in at least some parts of the world, in the last three years.

0 out of 13.5 points

Safer Alternatives: Evaluates safer alternatives, avoids regrettable substitutes

Explanation of Points

RBI does not have a discernible approach regarding or has not made a public commitment to safer alternatives in products, packaging, or operations. The company should disclose its substitute for BPA and ensure that it is not a regrettable substitute, such as BPS.

1 out of 18 points

Transparency: Demonstrates a commitment to transparency and public disclosure

Explanation of Points

RBI receives partial credit for publicly disclosing some information about its BRSL by posting the following statement on its website: “As part of our commitment to safe ingredients, our product specifications require that all approved plastic toys and promotional drink wear not contain bisphenol A (‘BPAs’).” RBI noted to us in October 2019 that it also restricts 15 phthalates and around 25 additional CHCs only in toys, but this information is not disclosed on the company’s website.

RBI does not appear to encourage or require suppliers to publicly disclose all indirect food additives in food contact materials and does not itself publicly disclose the identity of food contact materials that are free of CHCs that are indirect food additives going beyond regulatory compliance.

0 out of 7.5 points

Chemical Footprint: Evaluates its chemical footprint

Explanation of Points

RBI has not made any discernible progress on measuring its chemical footprint via the Chemical Footprint Project.

0 out of 8.5 points

Third-party Standards: Promotes credible third party standards for safer products

Explanation of Points

RBI has not shown discernible progress on credible third-party safer chemicals standards going beyond regulatory compliance.

Extra Credit:

0 out of 5 points

Joint Announcement: Public commitment demonstrated through joint announcement

Explanation of Points

RBI has not made a discernible public commitment through a joint announcement or other coordination effort in advance of a major announcement within the time periods specified in the scoring rubric.

0 out of 15 points

Continuous Improvement: Shows continuous improvement by steadily expanding safer chemicals policy

Explanation of Points

RBI has not exhibited any discernible pattern of significant, consistent, or long-term improvements over the past year or a longer period of time going beyond regulatory compliance.

0 out of 5 points

Safer Products: Program to promote safer products in stores and/or on website

Explanation of Points

RBI has no discernible program to feature and market safer food contact materials used in its restaurants.

0 out of 5 points

Collaboration: Actively participates in collaborative process to promote safer chemicals

Explanation of Points

There is no indication that the retailer actively participates in a collaborative process or retains an independent expert body to promote safer chemicals or that it has created an external advisory board to provide input on implementation of any safer chemicals policy.

0 out of 5 points

Impact Investment: Investing financial resources into independent research into safer alternatives and/or green chemistry solutions

Explanation of Points

There is no indication that the retailer invests significant financial resources into independent research into safer alternatives to CHCs and/or green chemistry solutions.
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Grade
F
Points
7.75
Take Action
F

Tweet to @BurgerKing @PopeyesChicken & @TimHortons

@BurgerKing @PopeyesChicken @TimHortons earned an F from RetailerReportCard.com for failing to action on the toxic chemicals BPA, PFAS and phthalates?! We deserve better! #MindTheStore #BurgerKing #Popeyes #TimHortons $QSR https://retailerreportcard.com/retailer/restaurant-brands-international/Click To Tweet
Summary of Restaurant Brands International’s Grade
2018 2019
F F

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