Patchwork food additive bans undermine US food safety regulation, warns NCA

22 Mar 2024 --- A plethora of proposals calling to ban various food additives is proliferating across the US as proponents like NGOs, advocacy groups, activists and some media attempt to push for prohibitions across a range of chemicals and individual states. 

The recent flood of state-level proposals has increased after California became the first state to ban four additives (red dye No. 3, potassium bromate, brominated vegetable oil and propylparaben) last October because of their potential link to health issues like cancer and behavioral problems in children.

The last five months have seen a wave of copycat proposals.

Following California’s adoption of a food additive ban, Illinois, New York and Pennsylvania are among a handful of states currently considering almost identical proposals. 

Indiana, Maryland, South Dakota, Washington and West Virginia have rejected similar bills because the proposals lack scientific basis. In the same vein, Kentucky legislators recently passed a resolution acknowledging that food safety decisions should be based on facts and driven by those with regulatory expertise.

Fighting back
According to the National Confectionery Association (NCA), the proposals erode the FDA’s well-established regulations governing a range of food additives used across multiple food applications. 

The trade body calls upon the government agency to step up action against a wave of what it claims is “misinformation” and “falsehoods,” which are driving an anti-government narrative that threatens to dismantle science-based, nationwide food regulation. 

If passed, the laws will erode consumer confidence in our food supply, says Gindlesperger (Image credit: NCA).“If passed, these laws would create a state-by-state patchwork of inconsistent food requirements that will increase food costs, create confusion around food safety and erode consumer confidence in our food supply,” Christopher Gindlesperger, senior vice president of public affairs and communications at NCA, tells Food Ingredients First.

“The FDA needs to assert its authority as the rightful national regulatory decision maker and leader in food safety. It’s time to stop pretending that consumer magazine publishers and state legislators have the scientific expertise and qualifications to make these very important determinations.”

Built on falsehoods?
Gindlesperger accuses some stakeholders of pushing an “emotionally-driven campaign that lacks scientific backing.” He points out that FDA rules are carefully adopted, backed by science and constructed by experts. 

“The FDA is currently reviewing or has already reviewed all of the original additives subject to the California law. As just one example, its decision to remove brominated vegetable oil from the US food supply is a real-time example of the food safety system working as intended.” 

“Additionally, no authoritative body in the world has identified any safety concerns with the use of red dye 3 in food and titanium dioxide has been deemed safe by food agencies in the US, UK, Canada, Australia, New Zealand and Japan.”

John Downs, NCA’s president and CEO, alleges that “careless rhetoric deployed in this debate” could lead consumers to believe the food additives in question are harmful and there is a systematic failure on behalf of the US food safety system.

Such bans are driving F&B innovations to create natural alternatives such as Sensient's "smokeless" smoke (Image credit: Sensient Flavors&Extracts).“The FDA and regulatory bodies around the world have deemed our products safe. We are in firm agreement that science-based evaluation of food additives is needed and we follow and will continue to follow regulatory guidance from the authorities in this space, because consumer safety is our chief responsibility and priority.”

Opportunity awaits
As the California ban is only very recent and as the deluge of copycat proposals shows no signs of abating, there is another angle to explore.

The resilient F&B industry welcomes opportunities to innovate and is often prompted to do so because of changes in regulatory frameworks. 

For example, when titanium dioxide was banned in Europe in 2022, a wave of innovation began from food formulators focused on developing natural whitening color alternatives. 

Similarly, in November 2023, the European Food Safety Authority published scientific advice on the safety of eight smoke flavorings on the EU market because the authorization of the flavorings is due for renewal in June. Some expect a ban and formulation has already started on alternatives in case of a change in legislation. 

Sensient Flavors & Extracts has formulated SmokeLess Smoke — a range of natural, clean label flavors that mimic conventional “smoky flavor notes” for gourmet culinary product applications.

By Gaynor Selby