(NewsNation) — Thousands of popular snacks and classic candies could be banned in several states due to cancer-causing chemicals in their ingredients.
Some foods that risk being banned are cereals such as Lucky Charms and Froot Loops; candies including Skittles, Nerds, M&M’s and Swedish Fish; and snacks like Flamin’ Hot Cheetos and Doritos.
Food chemical ban battle
At least five states — California, Illinois, Missouri, New York and Washington — have proposed or passed laws that prohibit the use of certain food or color additives that can help preserve the food but may be linked to health issues.
Supporters of the legislation say these ingredients are linked to harmful health effects and need to go.
While several states are looking to ban these ingredients, many states — Indiana, Maryland, South Dakota, Washington and West Virginian — have rejected similar proposals due to a lack of “scientific basis.”
Critics of the bans, like the National Confectioners Association and the Consumer Brands Association, say these laws undermine the authority of the FDA as well as confuse and instill a lack of confidence in consumers when these food companies have to follow strict guidance already.
“It’s time to stop pretending that Illinois state legislators have the scientific expertise to make these very important regulatory decisions. Usurping FDA’s authority does nothing but create a patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence.”
NATIONAL CONFECTIONERS ASSOCIATION
“The makers of America’s food and beverage brands deliver safe, affordable and convenient products that consumers want, need and trust. Food safety is of paramount concern to the CPG industry, and we support the proven, science and risk-based process established by the FDA to review the safety of food additives. These state bills overstep the FDA scientific review of these additives and create significant regulatory uncertainty. A state patchwork approach in the food regulation space creates unnecessary confusion for consumers. The reality is indisputable – multiple agencies set strict safety and nutrition standards that food companies must follow to offer their products to consumers, and FDA puts the onus on the manufacturer to meet and stay in adherence with those requirements.”
Sarah Gallo, Vice President, Product Policy, Consumer Brands Association
Food and color additives in question
Food and color additives states are seeking to ban through proposed legislation, according to the National Agricultral Law Center:
- Brominated vegetable oil
- Red Dye 3
- Titanium Dioxide
- Potassium bromate
- Propylparaben
- Azodicarbonamide
- Butylated hydroxyanisole
Is food safe if it has these chemicals?
The FDA proposed a ban on brominated vegetable oil (BVO) in November 2023, one of the food additives that the National Agricultural Law Center says is used in citrus drinks to keep the flavor from separating and floating to the top of the beverage. While BVO has been used in many sodas and sports drinks, few beverages contain it now.
The FDA discovered through the study of BVO that it has clear adverse health effects and, therefore, can no longer claim the modified vegetable oil as safe.
Red Dye 3, an approved color additive widely used in foods across the U.S., is now under active review by the FDA. The additive is used to give food and drinks a bright cherry-red color.
While the chemicals are under review and many others have been questioned, the FDA says it’s the amount of the chemical in the food that counts.
FDA weighs in on chemical food safety
Several of the ingredients listed above have already been banned in Europe.
Nutritionist Carrie Lupoli said if Europe can ban them, so can the U.S.
“If Europe can do it, we certainly can too. But it does take more money and it takes dedication to say we’re not going to allow for this low-quality stuff to keep entering into our systems,” Lupoli said.
“Numerous reports have included reference to the potential banning of the food additives in other countries, insinuating that the U.S. lags in safeguarding consumers. These allegations, however, stem from a fundamental misunderstanding of the science of toxicology, the linchpin of food additive safety, and the meticulous regulatory oversight by the U.S. Food and Drug Administration,” said James Coughlin, PhD, CFS and Craig Llewellyn, PhD.
The FDA has provided a thorough fact sheet on its website for those who are concerned about whether the food they eat that has chemicals is safe.
“Reading or hearing about chemicals in food, when combined with words like ‘toxic,’ ‘extremely dangerous’ and ‘cancer-causing’ may be scary, especially if you aren’t getting all the facts,” the FDA said.
NewsNation reached out to several of these snack parent companies and have not yet heard back.