ALBANY, N.Y. – On March 5, lawmakers introduced two bills that would protect New Yorkers from toxic food chemicals. Between them, they would ban seven substances from food manufactured, distributed or sold in the state and require companies to make new disclosures about chemicals added to food without stringent review.
The bills were introduced by Sen. Brian Kavanagh (D-District 27) and Assemblymember Anna Kelles (D-District 125).
The first bill, Senate Bill 6055A/Assembly Bill 6424A, would create a state-level ban of seven harmful substances to protect New Yorkers from their health harms. These chemicals – potassium bromate, propyl paraben, titanium dioxide, brominated vegetable oil, Red Dye No. 3, BHA and azodicarbonamide, or ADA – have been linked to higher risk of cancer, hyperactivity and other behavioral problems in children, damage to DNA and harm to the nervous system, among other types of harm.
The second bill, Senate Bill 08615/Assembly Bill 9295, would require companies to disclose to the state when they add chemicals to food and drinks they determine are “generally recognized as safe,” or GRAS.
“New Yorkers deserve the highest level of protection when it comes to the safety of the food we eat,” said Senator Kavanagh. “State law has long included the authority to regulate what goes into our food, but New York has generally deferred to the federal government; such deference is not warranted with respect to these seven additives, which pose significant health risks. Nor should we defer to the secrecy of the federal process regarding new chemicals that food companies add to our food without any public disclosure or review by the FDA. This legislation will ensure transparency and permit public scrutiny of food chemical safety. I thank Assemblymember Kelles for her partnership and expertise, as well as CSPI, Consumer Reports, EWG, Clean & Healthy NY, the American Academy of Pediatrics, the Council of Churches, and everyone who is joining us in this fight to protect the health and wellbeing of all New Yorkers."
Both bills are supported by the Environmental Working Group, Center for Science in the Public Interest, Consumer Reports, Clean+Healthy New York, Interfaith Public Health Network and others.
“Toxic chemicals that can cause behavioral problems in children, damage DNA and even increase the risk of cancer do not belong in our food supply,” said Tasha Stoiber, Ph.D., EWG senior scientist. “This legislation is a pivotal step toward relieving consumers of the responsibility 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.
“For too long, the FDA has failed to take action to protect consumers from toxic chemicals found in our food,” said Kelles. “I am proud to sponsor legislation to ban seven of these additives, which are linked to serious adverse health effects like DNA damage, heart and thyroid toxicity and reproductive harm.
“We also must close a loophole that allows food and chemical companies to irresponsibly bypass FDA approval for new food additives. My legislation would take out the secret of GRAS by requiring industry to notify New York of their GRAS determinations that have not been reviewed by the FDA,” Kelles added.
While many of the chemicals added to food and food packaging are likely safe to eat, the seven chemicals the bill targets pose a threat to public health:
- 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.
- ADA is used in bread and bread products as a dough strengthener and bleaching agent. It has been linked to cancer, liver and kidney harms and neurological harms. ADA is not approved for use as a food additive in the European Union.
- 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 EU has allowed Red No. 3 to be used in candied and cocktail cherries only.
- Brominated vegetable oil can build up in the body and has been linked to several health harms, including to the nervous system. It is prohibited in the EU from use in processed foods.
- 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.
- Propyl paraben has not been thoroughly reviewed for safety by the FDA. It has been linked to harm to the hormone and reproductive systems, including decreased sperm counts. It has been prohibited from use in food in the EU since 2006 but is still used as a preservative in the U.S.
- Titanium dioxide has been linked to damage to the DNA and harm to the immune system. In 2022, the EU banned it from use in food offered for sale, but it is still allowed in food sold in the U.S. It is found in popular snacks like Skittles.
Last year, California enacted a law that bans four of the food chemicals targeted by S6055A/AB6424A: potassium bromate, BVO, propyl paraben and Red Dye No. 3.
Following passage of the California Food Safety Act, companies have already begun to reformulate their products to remove these harmful ingredients, with no impact on consumers.
“These bills will increase transparency and protect consumers from toxic chemicals in New York’s food supply,” said Jessica Hernandez, EWG’s policy director. “Without federal action, it’s up to states like New York to keep us safe from additives in the foods we eat and feed to our families that are linked to health harms.
“EWG applauds Sen. Kavanagh and Assemblymember Kelles for their leadership and efforts to protect public health,” she added.
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Media Note: Here are additional quotes from experts.
Jensen Jose, regulatory affairs counsel, Center for Science in the Public Interest
Press contact: [email protected]
These bills would introduce the most important reforms to the U.S. food chemical review process in decades. Not only can the state of New York ban harmful additives, it can shed new light on the chemical safety decisions the food industry currently makes in secret by making these safety decisions accessible to everyone.
Brian Ronholm, director of food safety, Consumer Reports
Press contact: [email protected]
The FDA’s system for ensuring that food additives are safe is broken. For too long, the FDA has been unable to keep up with the latest research documenting that some chemicals allowed in food pose unacceptable risks to our health.
These bills will protect the public and help fill the regulatory gap by banning certain harmful food additives and requiring greater transparency from manufacturers when they introduce new chemicals in food products without FDA review.
Bob Pezzolesi, convener, Interfaith Public Health Network
The faith communities we work with are very concerned about the harmful chemical additives often found in ultra-processed foods. They especially worry about the long-term health effects on children, and the inequitable impacts on communities of color and rural communities living in poverty.
We are grateful to Sen. Kavanagh and Assemblymember Kelles for their leadership in both removing several of these harmful chemicals from New York’s food supply and ensuring more transparency from food manufacturers.
Charles Moon, M.D., co-chair of the New York State Chapter 3 Committee on Environmental Health and Climate Change, New York State American Academy of Pediatrics
The toxic compounds that would be banned by this legislation have been linked to cancer and can harm the reproductive, thyroid and nervous systems. We must protect the health of all New Yorkers and especially children by removing these additives from our food supply.
We can also improve transparency, accountability and trust with communities by having New York more closely monitor food additives that have not been reviewed by the FDA. This is common sense public health and food safety legislation that pediatricians fully support.
