Federal inaction on food additives pushes states to act
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Federal inaction on food additives pushes states to act
Dozens of bills in more than 15 states are targeting harmful additives, many of which have been ignored by the FDA
Published April 11, 2026 9:00AM (EDT)
When California passed its landmark food safety law in 2023, it did more than ban a handful of controversial additives — it stepped into a role the federal government had long failed to fill.
At the time of the bill’s passage, brominated vegetable oil (BVO) was still federally allowed for use in food. The chemical additive, found in sodas and citrus-flavored energy drinks — the kind you might grab from a gas station fridge without a second thought, had already been banned in the U.K., India, the European Union and Japan. Yet it remained permissible nationwide, making California’s landmark legislation all the more contentious.
Colloquially referred to as the “Skittles ban,” California’s law, which goes into effect on Jan. 1, 2027, bans the “manufacturing, selling, delivering, distributing, holding, or offering for sale” of food products that contain four harmful additives: BVO, potassium bromate, propylparaben and Red Dye No. 3. California became the first state to follow in the footsteps of the European Union, which outlawed the additives between 1990 and 2008. But its initiative........
