A History of Changing Food Safety Standards
The regulation of food additives in the United States is a complex, evolving process governed primarily by the Food and Drug Administration (FDA). The Federal Food, Drug, and Cosmetic Act of 1958 introduced requirements for new food additives to be proven safe before they could be used. However, a category known as "Generally Recognized as Safe" (GRAS) allowed many substances already in use to continue without stringent pre-market approval. In many cases, it has taken decades for scientific evidence and consumer advocacy to compel regulators to take action on substances that were once widely accepted.
The Federal Ban of Red Dye No. 3
One of the most recent and prominent examples of a federally banned additive is Red Dye No. 3, also known as erythrosine. For years, this synthetic dye was used to color candies, cereals, and maraschino cherries. It was first flagged as a potential carcinogen in the 1980s, leading the FDA to ban its use in cosmetics in 1990. However, its use in food persisted until January 2025, when a federal ban finally took effect. The ban was the result of a long push by consumer groups and mounting evidence linking the dye to thyroid cancer in male rats, aligning the U.S. with regulations already established in Europe.
The Banning of Brominated Vegetable Oil (BVO)
Brominated vegetable oil (BVO) was another widely used additive, primarily in citrus-flavored sodas and beverages, to prevent flavorings from separating. Concerns about BVO's health risks, including potential harm to the nervous system and thyroid, prompted consumer pressure. The FDA ultimately revoked BVO's authorization in 2024, citing new scientific evidence. This federal ban followed preemptive action at the state level, where California had already included BVO in its 2023 ban on several additives.
Comparing Banned and Regulated Food Additives
| Additive | Primary Use | Reason for Concern | Federal Status | Broader International Status |
|---|---|---|---|---|
| Red Dye No. 3 | Coloring for candies, cherries | Carcinogen risk (thyroid tumors) | Banned in food & drugs (Jan 2025) | Largely banned/restricted in EU, Japan |
| Brominated Vegetable Oil (BVO) | Emulsifier in citrus drinks | Neurological and thyroid harm | Banned in food & drinks (Aug 2024) | Banned in EU, Japan, and India for many years |
| Potassium Bromate | Flour improver in baked goods | Carcinogen risk (kidney/thyroid tumors) | Legally permitted with limits | Banned in EU, Canada, Brazil |
| Propylparaben | Preservative in foods | Endocrine disruptor, reproductive harm | Legally permitted | Banned in EU for food use |
| Saccharin | Artificial sweetener | Historically linked to cancer in rats | Permitted with warning labels removed | Restricted or banned in some countries; controversial |
| Olestra | Fat substitute for snacks | Gastrointestinal issues, hinders vitamin absorption | Legally permitted, though less used | Banned in Canada, UK, and some EU countries |
How State Regulations Influence National Change
The California Food Safety Act, signed into law in 2023, banned several food additives within the state, including Red Dye No. 3, BVO, potassium bromate, and propylparaben. While the law only applies to food sold in California, its economic impact is national. Many manufacturers have chosen to reformulate their products to comply with California's standards rather than produce different versions for different states. This market pressure often prompts federal action, as seen with the FDA bans on Red Dye No. 3 and BVO following California's lead. Other states have introduced similar legislation, creating momentum for broader regulatory reform.
The Ongoing Debate and Future of Additives
Beyond banned substances, other additives like butylated hydroxyanisole (BHA) and butylated hydroxytoluene (BHT) have been under scrutiny, although they remain legal at the federal level. BHA and BHT are antioxidants used to prevent spoilage, but health harm concerns persist. The FDA continues to review and re-evaluate food chemicals, with a new Office of Food Chemical Safety established to address safety concerns. This ongoing scrutiny reflects a paradigm shift in food safety, pushing for clearer standards and prioritizing consumer health over industry convenience. As more information becomes available, the list of banned additives will likely continue to grow.
Conclusion
The landscape of food additive regulation in the US is not static. Recent federal actions to ban additives like Red Dye No. 3 and BVO, often propelled by state laws and consumer advocacy, demonstrate a move toward stricter oversight. While some additives are completely banned, others face new restrictions or heightened scrutiny. The dynamic nature of these regulations means consumers must remain vigilant by reading ingredient labels and staying informed about the chemicals used in their food. The future of food safety will likely involve more alignment with international standards and a more precautionary approach to ingredient approval.