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In a press release, the legislators referenced expanded polystyrene’s tendency to leach microplastics into their contents as a human health concern. There’s also concern over the presence of styrene in it. Styrene, its resinous building block, is categorized as possibly carcinogenic by the International Research Agency on Cancer. People typically come into close contact with styrene in manufacturing workplaces, where exposure can irritate their eyes, lungs, skin and nervous systems.

The U.S. Food and Drug Administration (FDA) has upheld plastic foam as a safe packaging material because the trace amounts of styrene leached into food tend to stay under the recommended daily limit and don’t necessarily exceed the amounts of styrene found naturally in foods like strawberries and nuts. However, some researchers and advocates worry about the effects of repeated exposure to styrene in EPS-packaged food. Processing styrene into expanded polystyrene tends to minimize exposure, but the amount of leached styrene can increase if the material is damaged or improperly manufactured or if the edible contents are very hot and oily.

It’s unclear whether styrene leached into foods impacts human health, since most research focuses on workplace exposure. Regarding microplastics, current research suggests potential links between microplastics and increased inflammation.