Thousands of chemicals are allowed for use in food sold in this country. And while most of these are likely safe to eat, some have been linked to serious health harms.
In 2023, theCalifornia Food Safety Act, which banned four toxic chemicals from food sold, manufactured or distributed in the state, was signed into law. The chemicals were[potassium bromate](https://potassium bromate),propyl paraben,Red Dye No. 3 andbrominated vegetable oil, or BVO.
Last year, the California School Food Safety Act, which banned the food additivesRed Dye No. 40,Yellow Dye No. 5,Yellow Dye No. 6,Blue Dye No. 1,Blue Dye No. 2,Green Dye No. 3 from food served in public schools in the state, was signed into law.
Following the success of this landmark legislation, 58 state bills to target harmful food chemicals have been introduced. The potential health risks of each of these chemicals are well documented.
Chemical
Titanium dioxide: genotoxicity, potential immunotoxicity and neurotoxicity*✝
Red Dye No. 3: risks to brain development in children, behavioral difficulties, increased risk of cancer
Red Dye No. 40: risks to brain development in children, behavioral difficulties, may contain carcinogenic contaminants
Yellow Dye No. 5: risks to brain development in children, behavioral difficulties, genotoxicity, may contain carcinogenic contaminants
Yellow Dye No. 6: risks to brain development in children, behavioral difficulties, may contain carcinogenic contaminants, potential increased risk of cancer
Blue Dye No. 1: risks to brain development in children, behavioral difficulties
Blue Dye No. 2: risks to brain development in children, behavioral difficulties, potential increased risk of cancer
Green Dye No. 3: risks to brain development in children, behavioral difficulties, potential increased risk of cancer
BHA: increased risk of cancer (California Prop 65 listing), hormone disruption
Azodicarbonamide: forms carcinogenic byproducts
Potassium bromate: increased risk of cancer (California Proposition 65 listing)
BVO: harm to the nervous system, the reproductive system and thyroid hormone function
Propyl paraben: hormone disruption and harm to the reproductive system
* These health harms are associated with theconsumption of titanium dioxide in food, not with the use of titanium dioxide in personal care products and sunscreens applied topically.
✝ EWG will reevaluate the use of titanium dioxide in cosmetic lip and oral care products during the next EWG Verified® annual science review.
Lack of federal regulation forces states to step in
Nearly99 percent of food chemicals introduced since 2000 were approved by the food and chemical industry, not the Food and Drug Administration.
Even when the FDA does assess chemicals for safety, it has been extremely slow and rarely reevaluates earlier decisions, even when new science is available. So the vast majority of chemicals in our food supply haven’t been reviewed for safety for decades, if at all.
The FDA’s most recent list of chemicals “under review” includes only five of the 13 chemicals being targeted by state bills: potassium bromate, BVO, propyl paraben, Red Dye No. 3 and titanium dioxide. The agency’s plan for post-market assessments remains unclear, and the process as a whole lacks transparency. And it could be years before the FDA concludes its review of these chemicals – if it ever does.
Time and again the FDA has failed to act when it comes to regulating potentially harmful food ingredients. In the absence of federal action, states have stepped up to protect their consumers from harmful food chemicals.
States that have introduced legislation
Arizona
H.B. 2164 would ban the sale of foods in public schools in the state that contain Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3, potassium bromate, propyl paraben, titanium dioxide and BVO.
Arkansas
S.B. 9 would ban the food additives potassium bromate, propyl paraben and Red Dye No. 3.
Connecticut
H.B. 147 would ban the sale, distribution and production of food products in the state containing BVO , potassium bromate, propyl paraben and Red 3.
H.B. 6808 would ban the sale, distribution and production of food products in the state containing BVO, potassium bromate, propyl paraben, Red 3 and titanium dioxide.
S.B. 968 would prohibit the sale of food products intended for human consumption if they contain Red 2, Red 4, Green 1, Green 2, Violet 1, Butter Yellow, Orange 1, Orange 2, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, carmoisine and erythrosine.
Florida
H.B. 611 would ban the use of Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 in school meals.
H.B. 641 would require that food and drink products in the state containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5, Yellow 6 and titanium dioxide carry a certain warning label on its packaging.
Hawaii
S.B. 644 would ban the use of single use food packaging/serving containers that have intentionally added PFAS.
S.B. 683 would further restrict PFAS use in food packaging.
S.B. 791 would ban the use of Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 in school meals.
Illinois
H.B. 2516 would ban the use of PFAS in food packaging.
S.B. 0073 would ban the sale and distribution of baby food in the state that contains toxic heavy metals at levels that exceed the limits established by the FDA.
S.B. 0093 would ban the sale, distribution and production of food products in the state containing BVO, potassium bromate, propyl paraben and Red 3.
S.B. 2637 would ban the food additives potassium bromate, propyl paraben, Red 3 and BVO.
Indiana
H.B. 1247 would ban the sale, distribution and production of food products in the state containing BVO, potassium bromate, propyl paraben, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
H.B. 1655 would ban the sale, distribution and production of food products in the state containing BHA, BHT, Red 40, titanium dioxide, Yellow 5 and Yellow 6.
Iowa
H.B. 212 would ban the service of school foods containing margarine, BVO, potassium bromate, propyl paraben, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
Kentucky
H.B. 439 would ban the sale of foods containing BVO, potassium bromate, propyl paraben, titanium dioxide, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
Maryland
H.B. 1208 would, in 2028, ban the sale of foods containing BVO, potassium bromate, propyl paraben and Red 3, and would require warning labels on Red 3 in the interim.
H.B. 97/ S.B. 723 would require the testing of baby food for heavy metals and labeling that describes the results.
S.B. 1136 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
Massachusetts
S.D. 2521/H.D. 4095 would ban the sale of foods in public schools in the state that contain Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
Minnesota
S.F. 188/ H.F. 44 would require packaged food product manufacturers and brand owners to test for and report ortho-phthalates.
Missouri
H.B. 2474 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
H.B. 260 would require a warning on any food containing acrylamide, arsenic, BPA, Cadmium, DEHP, Lead, Mercury, Blue 1, Red 40, Yellow 5 and Yellow 6.
H.B. 99 would ban the sale, distribution and production of food products in the state containing BVO, potassium bromate, propyl paraben and Red 3.
New Hampshire
H.B. 1649 bans intentionally added PFAS from food packaging.
New Jersey
A. 4132 would ban the food additives potassium bromate, propylparaben, Red Dye No. 3 and BVO.
A. 4367/ S.B. 3135 would restrict a number of substances from food packaging: perfluoroalkyl and polyfluoroalkyl substances (PFAS), ortho-phthalates, bisphenols, halogenated and organophosphorus flame retardants (HFRS, OPFRS), non-detectable pigments including carbon black, oxo-degradable additives including oxo-biodegradable additives, UV-328, 2-(2h-benzotriazol-2-yl)-4, 6-di-tert-pentylphenol, or any other ultraviolet light absorbers including benzophenone and its derivatives, short-, medium-, and long-chained chlorinated paraffins, toxic metals other than lead, cadmium, mercury, and hexavalent chromium, antimony trioxide, formaldehyde, perchlorate, toluene; or vinyl chloride, including polyvinylidene chloride.
A. 4641 would ban the sale, distribution and production of food containing azodicarbomide, BHA, BVO, potassium bromate, propyl paraben, Red 3 and titanium dioxide.
New Mexico
H.B. 212 would prohibit the use of certain products, including food packaging, that contain intentionally added PFAS substances and would require disclosure of information and testing of products offered for sale.
New York
S. 1239/ A.B. 1556 would ban the sale, distribution and production of food products in the state containing potassium bromate, propyl paraben and Red 3.
It would also ban the sale of foods in public schools in the state that contain Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
S. 6055A would ban the food additives potassium bromate, titanium dioxide, propyl paraben, Red 3, BVO, BHA and azodicarbonamide.
North Carolina
H.B. 973 would ban the use of PFAS in food packaging.
Oklahoma
S.B. 4 would ban the sale, distribution and production of food products in the state containing BVO, potassium bromate, propyl paraben, Red 3, Red 40, Blue 1, Blue 2, Green 3, Yellow 5, Yellow 6 and titanium dioxide.
Oregon
H.B. 3015 would ban the sale of foods in public schools in the state that contain Red 3, potassium bromate and propyl paraben.
Pennsylvania
H.B. 2116 would ban the artificial food dyes Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1 and Blue Dye No. 2.
H.B. 2117 would ban the food additives potassium bromate, BVO and BHA.
H.B. 2238 would ban the use of PFAS in food packaging.
H.B. 507 requires the testing of baby food for heavy metals and establishes limits on heavy metal content.
Rhode Island
H. 5115 would ban the sale of foods in public schools in the state that contain Red 3, Red 40, Yellow 5, Yellow 6, Blue 1 and Blue 2.
H. 7300 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
South Dakota
H.B. 1169 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
Texas
H.B. 1637 would ban the service of school meals containing Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
H.B. 3137 would ban the sale of foods containing aspartame, artificial flavoring, propyl paraben, azodicarbonamide (ADA), butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), color additive, dimethylpolysiloxane (PDMS), monosodium glutamate (MSG), tert-butylhydroquinone (TBHQ), partially hydrogenated oils, sodium benzoate, sodium nitrate, sodium nitrite and methylparaben.
S.B. 25 would require food manufacturers to label products containing artificial colors, additives, or banned chemicals.
S.B. 314 would ban the food additives azodicarbonamide, BHA, BVO, potassium bromate, propyl paraben, Red 3, and titanium dioxide from free or reduced-price meals provided by schools in the state.
Utah
H.B. 402 would ban the use of BVO, potassium bromate, propyl paraben, titanium dioxide, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 in school meals.
Vermont
H. 260 would prohibit the manufacture, sale, delivery, or distribution of food containing BVO, potassium bromate, propyl paraben and Red 3.
S. 25 bans the use of food packaging containing intentionally added PFAS.
S. 26 would prohibit the use of certain artificial dyes in competitive food and food and beverages served as part of a school district or an approved independent school’s food programs.
Virginia
H.B. 1844 would ban the sale and distribution of baby food in the state that contains toxic heavy metals at levels that exceed the limits established by the FDA.
S.B. 1289 would ban the food additives Blue Dye No. 1, Blue Dye No. 2, Green Dye No. 3, Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5 and Yellow Dye No. 6 from food served and sold in public schools in the state.
Washington
H.B. 1921 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
West Virginia
H.B. 2354 would ban the sale of foods containing the dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
H.B. 5086 would ban the food additives potassium bromate, propyl paraben, Red Dye No. 3 and BVO.
S.B. 545 would ban the use of synthetic dyes in school foods.
Wisconsin
A.B. 1194/ S.B. 1093 would ban the sale of food packaging containing intentionally added PFAS.
Interactive tool
Lowering your exposure to harmful food chemicals
Until the FDA takes action, states should continue to take measures to protect their consumers from these toxic food chemicals.
But while we await state and federal regulation, if you want to lower your intake of harmful food ingredients, you can:
Consult EWG’sFood Scores database to find products that don’t use toxic food chemicals like the ones included in these state bills. When you’re on the go, use ourHealthy Living app to find products.
Choose packaged foods that arecertified organic, whenever possible. These products must meet strong standards that protect consumers from exposure to potentially harmful additives.
When possible and affordable, limit your intake of ultra-processed foods. Many containconcerning ingredients.
First created April 4, 2024.