Lawmakers in multiple states are considering the prohibition of specific food additives following California’s ban on four dangerous chemicals in food. Last fall, Gov. Gavin Newsom signed a bill into law that prohibits the manufacture, sale and distribution of food products that contain brominated vegetable oil, potassium bromate, propylparaben, or red dye 3, all of which have been linked to things like hyperactivity and neurobehavioral effects in children, digestive tract problems and an increased cancer risk.
The law will go into effect in January 2027 and any violations will result in a civil penalty. States like New York, New Jersey, Pennsylvania, Illinois, and Missouri are looking to follow suit. For example, there is a bill in the New York Senate that would prohibit the use of certain substances as food additives or color additives in the manufacture and commercial distribution of food products. This bill includes the same banned chemicals as the California law.
Similarly, Pennsylvania is considering a bill that would prohibit the use of potassium bromate, brominated vegetable oil, and butylated hydroxyanisole. Another bill proposed in the state aims to ban red dye 3, red dye 40, yellow dye 5, yellow dye 6, blue dye 1, and blue dye 2. In Illinois, a bill introduced last November also targets the same banned substances, and if passed, it would go into effect in January 2027. Missouri has a similar proposal that would ban the manufacturing, distribution, and sale of food and beverages containing brominated vegetable oil, potassium bromate, propylparaben, and red dye 3.
These actions by multiple states align with the growing concerns about the potential health risks associated with these specific food additives. The Food and Drug Administration (FDA) has also taken steps in this direction. In November 2023, the FDA proposed to revoke the regulation authorizing the use of brominated vegetable oil in food, citing adverse health effects observed in animals. The FDA stated that it can no longer conclude that the use of BVO in food is safe.
The potential impact of these bans on the food industry is significant. Many popular food products, including candies like Skittles and PEZ, could be affected. The ingredients lists of these products mention the banned chemicals, such as red dye 3, yellow dye 5, or yellow dye 6. Abbott, the company that owns the PediaSure brand, has committed to removing red dye 3 from its products by 2024.
Looking ahead, these legislative actions and regulatory proposals indicate a broader trend towards stricter regulations on food additives. Consumer demand for safer and healthier food options is growing, prompting industry players to reformulate their products and find alternative ingredients. This shift opens up opportunities for innovation and the development of new, healthier food additives.
As consumers become more conscious of the potential risks associated with certain food additives, they are likely to prioritize products that are free from these chemicals. This trend could drive the demand for organic, clean-label, and natural food products, creating opportunities for businesses that specialize in these areas.
Additionally, the bans on specific food additives could have implications for international trade and food supply chains. As more states adopt similar regulations, food manufacturers may face challenges in producing and distributing products that comply with different regional requirements. This could lead to increased standardization efforts and stricter global regulations on food additives to ensure consistency and safety across borders.
In conclusion, the movement towards banning specific food additives in multiple states reflects a growing concern for the potential health risks associated with these substances. This trend aligns with consumer demand for safer and healthier food options. The implications for the food industry are significant, with potential opportunities for innovation in alternative ingredients and healthier product options. However, businesses will also face challenges in complying with varying regional requirements and navigating international trade considerations. Ultimately, prioritizing consumer safety and health should be the guiding principle for the industry, driving the development of safer food additives and a more transparent and accountable food supply chain.