Sick of waiting for FDA, U.S. states target food additives banned in Europe

U.S. states are moving to ban food additives viewed as harmful, setting up a clash with industry groups and making parts of the nation align with Europe, which banned many of the chemicals long ago.

The Illinois Food Safety Act would prohibit the sale of brominated vegetable oil, which is a flavor stabilizer in citrus sodas, and preservatives such as propylparaben and potassium bromate, which are used in baked goods.

The substances have been described as possible carcinogens, meaning they could cause cancer or pose thyroid problems.

The bill also targets red dye No. 3, citing studies that show high amounts can cause cancer in lab animals. The dye gives candies and confections a cherry-red color but is suspected of causing childhood issues such as hyperactivity.

The legislation has advanced in the Illinois Senate and is awaiting action in the House.

In October, California enacted a first-of-its-kind law that bans the same four substances as the Illinois bill. It will take effect in 2027.

States say they are taking action because the Food and Drug Administration is too slow to address additives banned in Europe and other countries.

“It’s unacceptable that the U.S. is so far behind the rest of the world when it comes to food safety,” said California Assemblymember Jesse Gabriel, the Democratic sponsor of the bill. “This bill will not ban any foods or products — it simply will require food companies to make minor modifications to their recipes and switch to the safer alternative ingredients that they already use in Europe and so many other places around the globe.”

A pending bill in New York would ban the quartet of substances targeted by California and Illinois in addition to three others: azodicarbonamide, butylated hydroxyanisole, known as BHA, and titanium dioxide. If the bill passes, the ban will take effect next year.

Industry groups say the state bans lack scientific basis or should be under the realm of the federal government.

“Usurping FDA’s authority does nothing but create a patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence,” the National Confectioners Association said after Illinois advanced its ban in April.

Consumer and industry groups would rather have the FDA “better reassess food chemicals instead of having a patchwork of state regulations,” said Jensen Jose, the regulatory counsel for the Center for Science in the Public Interest, a food safety and nutrition advocacy organization.

“Until FDA does an adequate job at protecting the public, CSPI will fight to remove these chemicals wherever we can,” he said.

Experts unaffiliated with the FDA said several factors are at play in the mismatch between the U.S. and Europe.

“Perhaps the FDA assessed the extant scientific literature and concluded that it did not sufficiently demonstrate that the amounts typically consumed by humans would pose harm. For example, animal model studies sometimes use high doses that would not be reasonably consumed by humans,” Kathleen J. Melanson, a nutrition science professor at the University of Rhode Island, wrote in a university newsletter about the California ban. “Also, robust research requires a lot of time, money and expertise, and methodology is always advancing. It could be that a critical mass of reliable data had not accumulated yet in their eyes.”

She said consumers do not need to panic over the additives.

“An occasional treat of a food containing them should not pose risk,” she said. “However, it is best to not consume such foods on a regular basis.”

The FDA is starting to crack down. On July 3, its regulators banned the use of brominated vegetable oil, or BVO, in food after concluding it was no longer safe.

BVO is used in small amounts to stabilize flavors in some citrus drinks. It is also used in fire retardants.

Although rare, it was used in drinks such as Sun Drop, from the Keurig Dr Pepper company.

The company said it is “actively reformulating Sun Drop to no longer include this ingredient and will remain compliant with all state and federal regulations.”

Federal regulators are also taking a closer look at the three other additives in the California law. Each is on an updated list of chemicals under FDA review.

The FDA said a decision is forthcoming on red dye No. 3 in foods. The agency said the substance is not banned in Europe but is found under the name erythrosine.

“Enhancing the FDA’s approach to food chemical safety is a priority for the agency. In our reorganization, the agency will be standing up a robust, systematic, and predictable chemical safety program that includes a new office dedicated to postmarket review of chemicals in the food supply. We believe that this new postmarket review program will help address actions by states to occupy this regulatory space,” the agency said in a statement to The Washington Times.

Illinois state Sen. Willie Preston, a Democrat, hailed the FDA’s action but said it should ban other substances.

“This is just one step, and we need the FDA to ban other harmful additives such as red dye 3,” he said. “In Illinois, we shouldn’t wait and allow people, especially children, to continue consuming these dangerous substances.”