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Over the past few weeks, several bills have been put forward to ban and/or restrict the use of certain food additives, mostly at the state level. Most of these additives have been restricted or banned in Europe for years.
Which additives are under a regulation process and where? Where does the FDA stand? What impact will this have on the industry? What impact will it have for consumers across the US? Let's deep dive and look at this.
According to GoCoCo's database of 550,000+ commercial products:
The Food and Drug Administration (FDA) - the U.S. government agency responsible for monitoring the safety of food additives - is the governing body responsible for the regulation of food intended for human consumption.
Companies looking to incorporate new food additives into their products are required to conduct appropriate testing and obtain authorization from the FDA's expert committee before their use is approved. Certain food ingredients, including those categorized as 'generally recognized as safe' (GRAS) by scientific experts, do not require pre-market FDA approval since they have supposedly been reviewed in the past.
California banned 4 food additives last year:
🚫 Potassium Bromate (more than 618 products),
🚫 Brominated Vegetable Oil "BVO" (more than 669 products),
🚫 Propyl Paraben (more than 310 products),
🚫 Red Dye No. 3 (more than 9,749 products),
That is due to take effect in 2027, while they have been banned in the EU for years. Titanium Dioxide (14,000+ products), while initially considered, dropped out of the final list.
Illinois, Pennsylvania, New York, Missouri, Washington and South Dakota have also proposed bills to ban certain food additives. If passed, those laws are due to take effect in 2027 as well, except New York which will fast forward to 2025. Several of those proposals also include Titanium Dioxide, so it may not get off that easily after all. And California has also targeted it again in a new bill for an additional list of additives to ban in schools.
We have tried to illustrate as simply as possible the current status quo of additives in the US, and compared to the EU. See below:
This mainly concerns 5 additives which have been banned in Europe already.
Some additives are not banned as such, but require a warning label. Many of these are dyes, which are known to potentially affect children's behavior and attention, hence why a number of these are targeted by California's school ban.
This concerns the bill passed in 2023 in California, posing a ban on 4 of the 5 most discussed additives.
A number of more recent bills, currently in the legal process pipeline. Again, most of these focus on the same 5 additives, however Pennsylvania is stepping ahead looking at a much broader list. It is worth noting that over the past few weeks more and more states have been moving in this direction, we will update our list in June. Relevant links on those identified to date: California , Illinois , Pennsylvania, New York , Missouri, South Dakota, Washington.
The FDA has been criticized for lagging behind on this topic. Admittedly, all additives cannot be constantly re-assessed, and it should be acknowledged that the FDA has widened the list of compounds to re-assess, within the available budgetary resources, which includes a number of the additives currently at play, as well as another few (PFAS, BPA, Phtalates, several metals to name a few). Very insightful overview of the regulation status and list of compounds for FDA re-assessment here.
States are being proactive, which shows that they care about consumer safety, but the rise of differing regulations will have impact at several levels:
A tipping point may then be imminent, with manufacturers compelled to either stop selling some products in certain states, or align with the most stringent laws, and comply with bans nationwide despite the absence of federal mandates. These trend-setters may therefore be sufficient to push towards global reformulation, which would level the playing field: ideally, the food you buy would have to adhere to the same standards, regardless of where you live in the US!
When you scan a product (wherever you live), the GoCoCo App highlights food products that include additives banned in the EU or in US states to help you make informed decisions.
This is a food additive used as a coloring agent that provides opacity and a white appearance to food. It was rejected by the scientific committee of EFSA, the European Food Safety Authority. The study concluded the following: "Based on all the evidence available, a concern for genotoxicity could not be ruled out, and given the many uncertainties, the Panel concluded that E 171 can no longer be considered as safe when used as a food additive."
But we can still find it on our kitchen shelves today in candy, chewing gum and pre-prepared dishes like frozen pizzas. It is also present in: Altoids, Totinos Pizza Rolls, Old El Paso Taco Sauce, Snickers, M&Ms, Twix & Skittles, Jimmy Dean Breakfast Bowls, Kraft Fat Free Shredded Cheese.
This is a food additive used as a red dye. Despite being banned in 1990 for its carcinogenic properties in cosmetics and pharmaceuticals, it is still legally permitted for use in food products. Especially in candies marketed towards children!
The Center for Science in the Public Interest (CSPI) lodged a complaint letter with the FDA, citing a series of studies that confirm the harmful effects of the dye and urging for its ban in food products. In Europe this dye is only allowed in some products derived from cherries.
This additive is used primarily to help emulsify citrus-flavored soft drinks, preventing separation during distribution and is banned in Europe due to its tendency to accumulate in the body. Studies suggest that its consumption could lead to heart problems and decreased fertility amongst others. However, this product is classified as a GRAS in the U.S.
This is an additive used as a flour enhancer. It was banned in Europe in 1990, in Canada in 1994 and in South America. Even in California, products containing bromates must include a warning label indicating their presence in flour.
Is a preservative additive recognized as GRAS in the United States. However, the EFSA holds a different stance and considers this additive unsafe for daily consumption.
This fragmented regulatory landscape is evolving by the day, and an update on the status quo will be provided in June. The trend is clear though: more and more states are toughening additives regulation at state level.
By the way: these are all additives typically found in ultra-processed foods! Therefore avoiding those food products will also help you avoid those additives.
So, where do you live? The answer to that question shouldn't determine whether or not your food has potentially harmful additives. In the meantime, download the GoCoCo App to help you identify products containing banned additives.
Article written by Laura Guinovart Martín, certified Dietitian and Nutritionist; Specialized in TCA, Obesity and Food Development and Design; Nº Col:CAT002123, Julie Ruelle, Registered Dietitian (US) and Lynne Bouchy, Dietitian student.
