October 18, 2024
(Industry Intelligence Inc.)
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Food ingredients in packaged foods are currently under scrutiny at both the federal and state levels in the United States, with proposed bans on a range of commonly used ingredients and additives. According to NIQ data, these restrictions could impact approximately 5,000 food items across the country. If passed, the legislation could compel packaged food manufacturers to find replacement ingredients, undertake costly reformulations, or cease distribution in states that prohibit these additives. Notable bills include: These ingredients are found in a variety of popular food products, including baked goods, snack foods, frozen meals, soups, coffee creamers, and processed meats. For example: Some companies already offer products without these ingredients in other markets. However, implementing these formulations in the U.S. could be costly, as companies may need to find new suppliers and adjust their distribution systems to accommodate replacement ingredients. These changes could impact food prices and consumer acceptance. The bills currently under consideration wouldn’t be the first measures to ban food dyes. California recently passed CA AB2316. The law, which goes into effect on December 31, 2027, bans synthetic food dyes including Red No. 3, Yellow No. 5, and Red No. 40 in foods served or sold in public schools in the state. It is the first law of its kind in the U.S. Learning about new laws after they are enacted can lead to costly repercussions, including expensive product reformulations, lost market share, penalties, and diminished consumer trust. Industry Intelligence Inc’s Legislation Monitor is your essential tool for navigating the ever-changing landscape of federal and state legislation. This resource provides weekly updates, offering businesses a comprehensive overview of bill trends, with features such as bill histories, sponsor tracking, AI-powered summaries, related news, and expert analysis. Don’t be caught off guard by legislative changes that impact your business. Legislation Monitor equips business leaders with the insights they need to make informed decisions to mitigate future competitive challenges. Try our interactive Legislation Monitor demo at https://info.industryintel.com/market-intelligence-legislation-monitor.
• US HB8687. Known as the 'Do or Dye Act,' this federal bill would deem certain color additives in food as unsafe and prohibit their use. It effectively bans the use of food dyes Red No. 40, Yellow No. 5, Yellow No. 6, and any substantially similar additives in food products.
• NJ A4641. This measure under consideration in New Jersey would prohibit the sale, distribution, and manufacture of commercial foods containing azodicarbonamide, brominated vegetable oil, butylated hydroxyanisole, potassium bromate, propylparaben, Red Dye No. 3, and titanium dioxide.
• IL SB2637. This Illinois bill would prohibit the use of brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3 for human consumption. Prohibitions would go into effect on January 1, 2027, for manufacturing and January 1, 2028, for sale/distribution.
• MO HB2474. This Missouri bill would ban the sale of food products containing brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3 starting on January 1, 2027.
• Titanium dioxide is used in more than 2,000 products as a food coloring.
• Red No. 40, Yellow No. 5, and Yellow No. 6 are included in thousands of items.
• Butylated hydroxyanisole is added to foods as a preservative.
• Red Dye No. 3 is an additive in hundreds of food items.
• Potassium bromate is added to flour in over 100 products.
• Brominated vegetable oil had been used in more than 80 sodas and sports drinks as a food stabilizer. The FDA recently disallowed its use in food.
• Azodicarbonamide is added to flour in nearly 50 foods.
• Propylparaben is used in about 50 foods as a preservative.
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