HARRISBURG, Pa. – On March 19, a bipartisan group of Pennsylvania lawmakers introduced two bills to ban a total of nine toxic chemicals, including color additives, from food made, distributed or sold in the state.
State Reps. Natalie Mihalek (R-Allegheny/Washington) and Melissa Shusterman (D-Chester) introduced the bills. If enacted, the legislation would help protect Pennsylvanians from the potential health risks associated with the chemicals.
The first bill, H.B. 2116, would create a state-level ban of six harmful food dyes: Red Dyes No. 3 and 40, Yellow Dyes No. 5 and 6, along with Blue Dyes No. 1 and 2. They have been linked to health harms, including higher risk of cancer, hyperactivity and other behavioral difficulties in children, and DNA damage.
The second bill, H.B. 2117, would create a state-level ban of three additional harmful substances: potassium bromate, brominated vegetable oil and BHA. They have been linked to different health harms, including higher risk of cancer and harm to the nervous, reproductive and endocrine systems.
The Environmental Working Group and Consumer Reports support both bills.
“Toxic chemicals that can cause behavioral problems in children, damage DNA and increase the risk of cancer do not belong in our food supply,” said Tasha Stoiber, Ph.D., EWG senior scientist. “These two pieces of legislation are pivotal steps toward relieving consumers of the difficulty of avoiding these harmful additives.”
More than 10,000 chemicals are allowed for use in food sold in the U.S. Nearly 99 percent of those introduced since 2000 were approved by the food and chemical industry, not the Food and Drug Administration, the agency tasked with ensuring our food supply is safe.
The FDA is also not required to reassess the safety of food chemicals, and many have not been reviewed for decades, despite links to health harms.
While many of the chemicals added to food and food packaging are likely safe to eat, the nine chemicals the bills target pose a threat to public health:
- Red Dye No. 3 has been linked to cancer and behavioral problems in children. It is found in more than 2,000 food products, including many types of candy, cookies and other food marketed to children. In 1990, the FDA banned many uses of the dye, citing cancer risks. Since 1994, the European Union has allowed Red No. 3 to be used in candied and cocktail cherries only.
- Red Dye No. 40 has been linked to cancer and risks to brain development and hyperactivity in children. It is used as a color additive in many products marketed to kids, including cereal, ice cream, drinks and candy. It is also used in over-the-counter medicine and vitamins.
- Yellow Dyes No. 5 and 6 have both been linked to cancer and behavioral problems in children. They are used as color additives in many foods marketed to kids, including cereal, ice cream, drinks and candy.
- Blue Dyes No. 1 and 2 have been linked to cancer and hyperactivity in children and can damage DNA. They are both used as color additives in foods marketed to kids, including cereal, ice cream, drinks, candy and over-the-counter medicine and vitamins.
- Potassium bromate has been linked to cancer but has not been reviewed for safety by the FDA since 1973. It has been banned from use in processed food in the EU since 1990. Since then it has been on California’s Proposition 65 list of chemicals that may cause cancer.
- BHA, or butylated hydroxyanisole, is a preservative that has been linked to hormone disruption and reproductive risks. It has also been classified by the National Institute of Health’s National Toxicology Program as “reasonably anticipated to be a human carcinogen.” It can be found in processed meats and meat products, baked goods, dry mixes like Jell-O, and a variety of other processed foods.
- Brominated vegetable oil, or BVO, has been linked to damage to the thyroid, as well as harms to the nervous and reproductive systems. It is banned in the EU, and the FDA proposed banning it in food in 2023. It is most commonly found in citrus-flavored soft drinks.
Last year, California enacted a law that bans three of the food chemicals targeted by the two Pennsylvania bills: BVO, potassium bromate and Red Dye No. 3.
Following passage of the California Food Safety Act last year, companies have already begun to reformulate their products to remove these harmful ingredients, with no negative impact on consumers.
“For decades, the FDA has failed to keep us safe from toxic food chemicals,” said Scott Faber, EWG senior vice president for government affairs. “In the absence of federal leadership, it’s up to states like Pennsylvania to keep us safe from dangerous chemicals in candy, cookies and other foods our families enjoy.”
###
The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
