A contingency of policymakers in Illinois seeks to ban five food additives commonly found in ultra-processed foods like candy and soda.
Legislation passed by a state senate committee last week that would prohibit the use of brominated vegetable oil, potassium bromate, propylparaben, red dye No. 3, and titanium dioxide in products sold in Illinois. The chemicals are banned in the European Union, and four of the five additives will be prohibited in California beginning in 2027 under a law that passed there last year.
“People should be able to trust that the food they buy is safe,” Illinois Sen. Willie Preston (D-Chicago) said in a news release. “As a father, it really concerns me that some of my family’s favorite food items have harmful chemicals in them. These food additives are linked to extreme health risks and have not been properly regulated. As legislators, we have a responsibility to our constituents to prioritize their health and set a precedent for consumer safety.”
California is the only state to pass a ban, but other states are in the process of considering similar legislation. They include New York, Pennsylvania, and Washington to name a few, according to Brian Ronholm, the director of food policy at Consumer Reports.
Illinois’s legislation would also initiate research on human health risks associated with two other additives—butylated hydroxyanisole (BHA) and butylated hydroxytoluene (BHT)—to determine if they should also be subject to additional regulations.
“States are acting because of the inability of the FDA [U.S. Food and Drug Administration] to act over several decades to protect consumers from toxic chemicals,” Mr. Ronholm told The Epoch Times. “The main reason the FDA hasn’t been able to prioritize this issue over the years is a lack of funding and resources.”
Regulatory Responsibilities
The effort has drawn criticism not only from industry that would be affected by the legislation but also from those who say the process negates the regulatory role of the FDA.
“Manufacturers oppose this well-intentioned legislation as it would set a dangerous precedent by usurping the role of [FDA] scientists and experts,” Mark Denzler, president and chief executive officer of the Illinois Manufacturers’ Association, said in a statement. “This measure would create a confusing and costly patchwork of regulations for food manufacturing.”
The FDA is currently reviewing petitions to revoke the use of titanium dioxide and red dye No. 3 in food. The agency also proposed to revoke brominated vegetable oil after determining that it can no longer be concluded to be safe. It is currently considering comments about its proposed rule change.
The National Confectioners Association pointed out that this is evidence that the FDA is doing its job and making progress inside a food safety system that is working as it’s designed.
The trade organization issued a statement saying: “Food safety decisions should be based on rigorous review of the entire body of scientific evidence, as they have been for more than a century. In this case in Illinois, thorough process—and the facts—have been swept aside, resulting in misinformation in debate over SB 2637. Illinois legislators should reject SB 2637 and reaffirm their commitment to our national food safety system. Without a central, science-driven food safety authority, we are left with a state-by-state patchwork of inconsistent state requirements that increase food costs, create confusion around food safety, and erode consumer confidence and trust in our food supply.”
Seeking Better Options
The intent of the legislation isn’t to force manufacturers to pull products off the market but rather to require that they use ingredients that haven’t been associated with damages to health, according to Illinois Secretary of State Alexi Giannoulias who is championing the bill alongside other supporters.
“Our goal with this legislation is to create a healthier marketplace for Illinois families,” Mr. Giannoulias said in a joint news release. “The purpose of this legislation isn’t to ban any products or take food off shelves—it’s to ensure food manufacturers update recipes to use alternative, safer ingredients that are already used in other places around the world, including soon in other parts of the U.S.”
The Environmental Working Group (EWG) points out that about 2,000 synthetic chemicals can be used in packaged foods. However, FDA rules allow for less than 40 man-made substances in certified organic foods.
That shorter list includes ingredients that are only permitted in organic packaged food if “there is no natural or organic alternative.” Any ingredient that has “an adverse effect on human health” or is harmful to the environment is prohibited from organic foods.
“Illinois families should not have to worry that the food they buy for themselves and their kids may contain harmful substances that can cause neurological and reproductive symptoms, or even cancer,” Illinois state representative and co-sponsor of the legislation Anne Stava-Murray (D-Downers Grove) said in a news release. “When new scientific data casts doubt on whether an ingredient or additive is safe to consume, it’s important that that substance be removed from the food supply.”
Protecting the Vulnerable
Many food additives have been allowed in products under the FDA’s “generally recognized as safe” (GRAS) rule that hasn’t allowed for rigorous testing. That’s particularly concerning for children and those who are vulnerable, according to Mr. Giannoulias.
According to the EWG, GRAS was intended for ingredients “widely known to be safe,” such as vinegar, but it’s become a loophole exploited by manufacturers.
Mr. Giannoulias oversees the state’s organ donation registry and noted how vital it is to ensure those who need transplants aren’t exposed to the negative effects of food additives. Advocates of the bill say because children are the likely consumers of many of these products and are still developing, they bear the greatest risks.
“The foods that our children consume starting from birth have a significant impact on their development and future health,” Dr. Payal Adhikari, a pediatrician and fellow of the American Academy of Pediatrics at Northwestern Children’s Practice, said in the news release. “We are excited to have leaders who take initiative to make sure the safest options are available to our community.”