Guide · Regulation

States Banning Food Additives: Complete Regulation Tracker

A growing number of US states are banning food additives that the federal government has been slow to regulate. Here is a complete tracker of enacted and pending state-level food safety legislation.

TL;DR

California was first with the California Food Safety Act (AB 418), banning Red 3, brominated vegetable oil, potassium bromate, and propylparaben effective January 2027. Multiple states have followed with similar or broader legislation. The FDA's own phase-out of synthetic dyes by October 2027 was accelerated by this state-level momentum. Track all state actions on our regulations page.

The California Food Safety Act (AB 418)

On October 7, 2023, California became the first US state to ban specific food additives with the passage of Assembly Bill 418, the California Food Safety Act. The law prohibits four substances from food products manufactured, sold, delivered, distributed, held, or offered for sale in California:

  • Red 3 (Erythrosine) - A synthetic dye that has been known to cause cancer in laboratory animals since the 1980s. Already banned in cosmetics since 1990, it remained legal in food until this action.
  • Brominated Vegetable Oil (BVO) - Used as an emulsifier in citrus-flavored beverages. Linked to thyroid and neurological concerns. The FDA separately revoked authorization for BVO in July 2024.
  • Potassium Bromate - A flour treatment agent classified as a possible human carcinogen by the International Agency for Research on Cancer (IARC). Banned in the EU, UK, Canada, Brazil, and China.
  • Propylparaben - A preservative with endocrine-disrupting properties. Used in baked goods and some processed foods. Banned as a food additive in the EU.

The law takes effect on January 1, 2027. Violations are subject to civil penalties. Notably, the law does not ban titanium dioxide, this substance was included in the original bill but was removed during legislative negotiations.

States with Enacted Legislation

Following California's lead, several states have enacted their own food additive bans. The substances targeted vary by state, but the core list from California's AB 418 appears in most legislation:

State Bill Substances Effective
California AB 418 Red 3, BVO, potassium bromate, propylparaben Jan 2027
New York A 6424 Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3, titanium dioxide, BVO, potassium bromate, propylparaben, BHA 2027
Illinois SB 2637 Red 3, BVO, potassium bromate, propylparaben, BHA Jan 2027
Washington SB 5765 Red 3, BVO, potassium bromate, propylparaben Jan 2027

For the most up-to-date tracking of all state legislation, including pending bills, visit our Regulations page.

Pending Legislation

Beyond the enacted laws, numerous states have introduced bills targeting food additives. The legislative landscape is evolving rapidly as consumer awareness grows and the FDA's own actions create political cover for state legislators.

Common patterns in pending legislation:

  • Mirror bills - Many states introduce bills identical or nearly identical to California's AB 418, targeting the same four substances
  • Expanded scope - Some states go further, including synthetic dyes (Red 40, Yellow 5, Yellow 6) and titanium dioxide
  • School food focus - Several states have introduced narrower bills banning specific additives only in school food programs
  • Labeling requirements - Some bills require warning labels rather than outright bans, similar to the EU's approach to synthetic dyes

Federal vs. State Action

The relationship between state bans and federal regulation is complex. The FDA has historically been slow to act on food additive safety, leading states to fill the regulatory gap.

FDA Actions

  • Red 3 ban (Jan 2025) - After 35 years of knowing Red 3 causes cancer in animals, the FDA finally revoked its authorization under the Delaney Clause
  • BVO revocation (Jul 2024) - FDA revoked authorization after new toxicology studies confirmed health concerns
  • Synthetic dye phase-out (Jun 2025) - FDA announced phase-out of all 6 certified petroleum-based dyes by October 2027

Why States Act First

State legislatures can act faster than the FDA for several reasons. The FDA's formal rulemaking process involves scientific review, public comment periods, and legal challenges from industry. States can pass legislation through their normal legislative process, bypassing the FDA's regulatory framework entirely.

Additionally, state attorneys general can enforce state laws immediately, creating direct consequences for non-compliance. This market pressure accelerates reformulation more effectively than pending federal action.

The International Context

State-level bans are bringing the US closer to international norms. Many of the substances being banned or restricted are already prohibited in other countries:

  • European Union - Synthetic dyes require warning labels ("may have an adverse effect on activity and attention in children"). Titanium dioxide banned since 2022. BVO never approved.
  • United Kingdom - Follows EU restrictions on synthetic dyes with warning labels. Potassium bromate banned since 1990.
  • Canada - Potassium bromate banned. Stricter limits on synthetic dye usage than the US.
  • Japan - Red 3 banned. Stricter food additive approval process than the US.
  • Australia/New Zealand - BVO prohibited. Tighter regulatory review for synthetic dyes.

What This Means for Consumers

The patchwork of state laws creates a complex landscape for consumers. Key takeaways:

  1. National reformulation is likely - Manufacturers cannot practically make different formulations for each state. Most will reformulate nationally, benefiting all consumers.
  2. Check ingredient lists now - Products currently on shelves may still contain banned substances during transition periods. Use PlainFoodSafe's search to check.
  3. The trend is clear - More states will pass food safety legislation. The FDA's own actions suggest federal policy is moving toward stricter regulation.
  4. Track your state - Visit our Regulations page for the latest on legislation affecting your state.

Frequently Asked Questions

Can I still buy products with banned ingredients?
Yes, during transition periods. Most state bans have effective dates in 2027, giving manufacturers time to reformulate. Until those dates, products with banned substances can still be legally sold. Even after effective dates, existing inventory may take time to clear shelves. Use PlainFoodSafe to check the ingredients of products you are considering.
Do state bans apply to products shipped from other states?
Generally yes. Laws like California's AB 418 apply to food products "manufactured, sold, delivered, distributed, held, or offered for sale" in the state. This means products shipped into California from other states must also comply. Online sales delivered to residents of states with bans are also covered in most cases.
What happens if a company does not comply?
Enforcement varies by state. California's AB 418 allows civil penalties for violations. State attorneys general and local prosecutors can bring enforcement actions. Some states also allow private lawsuits. In practice, major food companies will comply rather than risk enforcement in large markets like California and New York.
Why doesn't the FDA ban all the same ingredients?
The FDA's regulatory process is slower than state legislatures due to procedural requirements: scientific review panels, public comment periods, industry legal challenges, and cost-benefit analysis. The Delaney Clause (which prohibits cancer-causing additives) provides a clear legal basis for banning Red 3, but other additives require the FDA to prove they are unsafe under normal conditions of use, which is a higher evidentiary bar. State legislatures can set their own standards.
Will these bans make food more expensive?
Industry groups argue that reformulation increases costs. However, the ingredients being replaced (synthetic dyes, BVO) are very cheap additives, they represent a tiny fraction of product cost. Natural alternatives like beet juice and turmeric extract are more expensive per unit but still marginal in the overall product cost. EU experience shows no significant price increases from similar restrictions.

Sources

Disclaimer: This guide is for informational purposes only and does not constitute legal, medical, dietary, or health advice. Legislative details are current as of the publication date but may change. Consult a legal professional for compliance questions and a healthcare professional for dietary guidance.

This guide is written and edited by the PlainFoodSafe team, drawing on our OpenFoodFacts/FDA database and public regulatory sources; it is editorial context, not a live database query. Figures cited in this guide are drawn from our OpenFoodFacts/FDA-backed database and public regulatory sources at time of writing; for live, always-current numbers see our entity and rankings pages. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.