Illinois and New York Propose Bans on Certain Food Ingredients

Following California’s passage of AB 418, which will ban the manufacture, sale, and distribution of food products that contain brominated vegetable oil, potassium bromate, propylparaben, and red dye #3 beginning in 2027, Illinois and New York have also introduced bills that would ban certain food ingredients.

Introduced on November 7, 2023, Illinois SB2637 would ban foods that contain brominated vegetable oil, potassium bromate, propylparaben, or red dye #3, effective January 1, 2027. The bill was read for a second time in the senate on February 22, 2024.

A similar bill in New York includes additional substances in the proposed ban. A6424A/S6055B would ban seven additives: brominated vegetable oil, potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole (BHA), red dye #3, and titanium dioxide. A6424A is before the House Committee on Agriculture & Conservation and S6055B is before the Senate Committee on Agriculture.

CA’s AB 418 initially included titanium dioxide as a prohibited food ingredient, but it was removed from the list before the bill was passed by the California Senate. On February 12, 2024, a new CA bill AB 2316 was introduced that would prohibit public schools in California from offering, selling, or otherwise providing any food containing one of seven synthetic dyes or colorants, including titanium dioxide.

Concerning titanium dioxide (TiO₂), the U.S. Food and Drug Administration (FDA) published a webpage on March 4, 2024, discussing its use as a color additive in foods. Among the information referenced on the webpage is a recent report from the Joint Food and Agriculture Organization of the United Nations’ World Health Organization Expert Committee on Food Additives (JECFA) that concluded that TiO₂ is safe for use in food and that, based on the available data, the total daily intake of the substance does not represent a hazard to health.