Restaurant Brands International

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).

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

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.

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.

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.

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.

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.

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

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

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.

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.

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

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.