California and New York lawmakers have proposed bills to ban five toxic chemical food additives linked to cancer and behavioral and developmental issues in children.
Jesse Gabriel (D-Woodland Hills), and Buffy Wicks (D-Sacramento), both members of the California Assembly, proposed Assembly Bill AB 418 in February. The bill is co-sponsored by Consumer Reports and the Environmental Working Group (EWG).
The bill was approved, then amended by the California State Assembly Committee on Environmental Safety and Toxic Materials on April 13 and will move to the Appropriations Committee next.
New York State Sen. Brian Kavanaugh followed with the proposal of Senate Bill S6055 in March, to ban the same five food additives across New York, which has not yet been moved for a vote.
If the bills pass, manufacturers will be forced to change their recipes in popular foods like Sour Patch Kids, Skittles, cake frostings, and some Campbell’s soup products to comply with new standards or face penalties of up to $5000 for a first violation and $10,000 if repeated.
The National Confectioners Association released a statement on March 23 stating, “We strongly oppose AB 418 because there is no evidence to support banning the ingredients listed in the bill. The ingredients that would be banned under this proposal have all been approved by the U.S. Food and Drug Administration. Food safety is the number one priority for U.S. confectionery companies, and we do not use any ingredients in our products that do not comply with the FDA’s strictest safety standards.”
Assemblymember Gabriel stated in an April EWG press release:
“There is no realistic chance that this bill will result in Skittles or any other product being pulled off the shelf. The idea here is for these companies to make minor modifications to their recipes so that these products no longer include dangerous and toxic chemicals.
“Skittles and many other brands have already made changes to their recipes in the European Union, the United Kingdom and other nations where these chemicals are banned. While the chemical companies might want you to believe we’re going too far with this bill, we are in fact many steps behind the rest of the world. We simply want our kids to have the same protection.”
The five targeted chemical food additives are prohibited from being used in processed foods throughout the European Union, except for Red Dye No. 3, which is still in candied cherries. However, despite studies linking these five additives to serious health concerns, they have not yet been banned in the United States and can be found in thousands of processed foods.
What Are the 5 Chemical Additives?
Red Dye No. 3
The Food and Drug Administration (FDA) banned Red Dye No. 3 from cosmetics and externally applied drugs in 1990 after a study found that the dye caused animal cancer. Yet it was never banned in food products and remains an ingredient in over 2900 foods in the United States, including candy, snack cakes, fruit cocktail cherries, sugary drinks, bacon bits, and medications.In 2012, Red Dye No. 3 and other artificial food colors were also linked to attention-deficit/hyperactivity disorder in children.
A 2010 study found that Red Dye No. 3, also called Erythrosine, causes rodent thyroid tumors. Yet the FDA has not reviewed the health effects of Red Dye No. 3 since 1990, despite telling the public it would take necessary steps to eliminate the dye used in food, as reported by the Chicago Tribune.
Titanium Dioxide
Titanium dioxide is a mineral regularly found in our environment and utilized as a whitening agent in various products, including common household products, industrial products, and cosmetics. It has been deemed to be safe as a food color additive by the FDA.Food manufacturers use titanium dioxide’s whitening properties to maintain the brightness in white foods like whipped cream, milk, and mozzarella cheese. Because it doesn’t discolor or break down easily, it helps increase the shelf life of many foods.
Titanium dioxide was linked to cancer in 1985 when a study exposed rats to increased levels of titanium dioxide for two years, resulting in lung cancer. However, some experts disagreed with the study, while others stated that titanium dioxide is unsafe for human consumption.
A 2022 article reviewing past studies of titanium dioxide and lung cancer stated that the 1985 study was performed under extreme conditions. The rats were exposed to high levels of titanium dioxide, and the same effects could not be replicated in other animal species. The same article concluded that even the studies focusing on titanium dioxide’s impact on humans showed no increase in cancer risk.
Brominated Vegetable Oil
Derived from corn and soybean oils, brominated vegetable oil (BVO) is used in citrus-flavored sodas and other drinks to help keep oil-based citrus flavoring and water well-blended. It was initially approved in small amounts by the FDA in 1977, pending further studies. However, those studies were either never done or were not reported on.On May 17, 2022, the FDA acknowledged that their study results published on May 16, 2022, in the journal Food and Chemical Toxicology suggested that oral exposure to BVO increases levels of bromine which can lead to adverse effects on the thyroid, as seen in rodents. The FDA stated, “An additional study to identify the level of BVO in the body after consumption of BVO is being finalized.” ... “We will inform the public if new information or recommendations about BVO become available.”
Bromine has been found to irritate the mouth, nose, and stomach mucous membranes, but side effects could be more severe in high doses. In a 1997 case, a patient reported to the emergency room with severe bromine intoxication with symptoms including headache, fatigue, loss of muscle coordination, and memory loss from drinking two to four liters of soda per day containing brominated vegetable oil.
Although BVO remains on the FDA’s “Generally Recognized as Safe” (GRAS) list, companies like Pepsi and Coca-Cola have agreed to remove BVO from all beverages. Other drinks containing BVO are Dr. Pepper’s citrus soda Sundrop and Wal-Mart’s Mountain Dew spin-off, Mountain Lightening.
Potassium Bromate
The additive potassium bromate is an inexpensive dough improver that strengthens bread dough, helps it rise, and improves the overall baking effect.The FDA first approved potassium bromate in the 1960s (pdf). In 1992, the California Environmental Protection Agency evaluated potassium bromate for its carcinogenic effect (pdf) and rated it as having “no significant risk.” However, the EWG gave potassium bromate a “higher concern” rating after reviewing studies that found it may cause cancer.
The FDA has yet to review the chemical for safety since 1973.
Propylparaben
Propylparaben is a preservative used in cosmetics, an antifungal and antimicrobial agent, and is used as a food additive and preservative. Several studies have confirmed the chemical’s effect on the endocrine system by altering hormone signaling and gene expression. Yet it is used in more than 50 food products, including packaged corn tortillas, baked desserts, and cake icing.Despite mounting evidence, the FDA still regards propylparaben as safe and has not taken action to remove or reassess its safety.
Due to a loophole in the law, the FDA’s GRAS classification allows food and chemical companies to determine whether food chemicals are safe to put into foods rather than requiring the FDA to make the final decision, even if ongoing studies are conducted on a chemical’s safety. Since 2000, the FDA has greenlighted nearly 99 percent of all food chemicals, according to an EWG analysis.
‘Dirty Dozen’ Guide to Food Chemicals
The EWG provides a “Dirty Dozen Guide to Food Chemicals“ describing the chemicals, the foods that contain them, and why they should be avoided. Some are direct additives while others are indirect, meaning they can get into food during processing, storage, or packaging. The full list includes the five chemicals California and New York are attempting to ban, in addition to the following:- Nitrates and nitrites—preservatives used in cured meats
- BHA (butylated hydroxyanisole)—preservative used in cured meats and other foods
- BHT (butylated hydroxytoluene)—preservative found in cereals and other foods
- TBHQ (tert-butyl hydroquinone)—preservative used in Pop-Tarts and other processed foods
- PFAS (polyfluoroalkyl)—“forever chemical” used in food packaging that can leach into the food
- Artificial sweeteners—can negatively affect hormones and weight control
- Heavy metals, including mercury, lead, cadmium, and arsenic found at dangerous levels in some baby foods
How to Avoid Harmful Food Additives
According to the EWG, many food manufacturers have stopped using some potentially harmful additives, and some stores have stopped selling the foods that contain them. Although these chemicals can be replaced with alternative ingredients, they are often more expensive, thus less attractive to manufacturers.If these bills are passed, it may be more cost-effective for food manufacturers to change their ingredients altogether rather than on a state-by-state basis.
In the meantime, certified nutritionist Katie Hall has some practical advice. “To avoid these additives, consumers can opt for whole, unprocessed foods and read ingredient labels carefully. Additionally, choosing organic products, and cooking meals at home can help limit exposure to potentially harmful additives,” she told The Epoch Times.
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