New York lawmakers introduce bills to outlaw cancer-causing food additives in cereal and bread- after California became first state to forbid ingredients in 'Skittles ban'

New York state officials are moving one stop closer to outlawing seven popular food additives that have been linked to cancer and behavioral issues. 

State senator Brian Kavanagh and assembly member Dr Anna Kelles introduced two bills Tuesday that call for banning seven ingredients found in processed foods like candy, cereal, sodas and bread. 

The substances on the chopping block are red dye No. 3, propylparaben, brominated vegetable oil (BVO), potassium bromate, titanium dioxide, azodicarbonamide, and BHA.

While the first bill, A6424A, would eliminate those ingredients in New York state, the second, S6055B, would require companies to notify the state when they introduce chemicals into food without being reviewed by the Food and Drug Administration (FDA).

The proposed legislation comes months after California became the first state to ban red dye No. 3, propylparaben, BVO, and potassium bromate in legislation that was dubbed the 'Skittles ban.'

Senator Kavanagh said: 'New Yorkers deserve the highest level of protection when it comes to the safety of the food we eat.

'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.'

Several medical experts, including pediatricians, voiced their support for the bills.   

Environmental Working Group, a nonprofit that focuses on environmental health and food additives, said: 'The Food and Drug Administration has failed to protect New Yorkers and other Americans from seven dangerous food additives used in commonly consumed foods and drinks.

‘The FDA also fails to adequately monitor or review newly introduced food chemicals when companies take advantage of loopholes allowing secrecy.’

Jessica Hernandez, policy director at EWG, noted that '99 percent of new food chemicals are tested by industry scientists, not the FDA.'

She added: ‘EWG strongly supports these bills that would increase transparency and ban seven chemicals commonly used in foods.

'It’s up to states like NY to keep us safe. You can have the food you want without the chemicals you hate.'

The ingredients that could be banned are prevalent in ultraprocessed foods and have been associated with a host of medical issues.  

BVO often shows up in diet and citrus sodas to stop ingredients in fruit-flavored soft drinks from separating. 

The substance is made from plants and  studies have shown a link to harm to the body's nervous system following long-term exposure.

It has also been linked to the development of chronic headaches, memory loss and impaired balance. It was previously in the soda Mountain Dew until parent company Pepsi removed the ingredient in 2020.

Titanium dioxide is found in many candies and sweets. It is a substance that has been shown to cause irritation of the eyes, nose and throat. 

And red dye No. 3 is responsible for bright red colors in candies like Skittles and lollipops. 

Studies show that Red No.3 in high doses is strongly linked to cancer in laboratory animals and has been linked to behavioral issues in children.

The US banned it from cosmetic products in the 1990s, but it remains in many food products still sold in the US.

A pair of studies in 2016 found it was in more than one in 10 candies in the US and more than 80 percent of children under two had consumed it in the previous two weeks. 

Potassium bromate is a chemical compound commonly found in bread in the US. It is added to dough to make it stronger and improve rising. 

But the ingredient, which has been banned in the European Union, China and India because of its dangerous impact on health, has been shown to cause nose, throat and lung irritation.

It has also been shown in lab tests to cause renal and thyroid tumors to form in rats.

Propylparaben occurs as a natural substance in plants and some insects. It is typically used in a variety of water-based cosmetics and personal-care products, as well as a food additive.

The substance, however, has been shown to cause endocrine disruption and reproductive issues. 

Azodicarbonamide is a chemical compound approved by the FDA to use as a whitening agent and is used to strengthen and enhance the elasticity of dough in cereal flour and bread dough.

It is sometimes called the ‘yoga mat’ chemical because it is widely used in foamed plastics. The additive is banned in Europe and Australia.

While not classified as a carcinogen, some case reports and epidemiological studies in humans have produced evidence the compound can induce asthma and respiratory symptoms, as well as skin irritation.

BHA is a synthetic petrochemical used widely as a preservative in cereals and other dry goods.

BHA is considered a carcinogen and has been shown to promote tumor growth and impair blood clotting. It also acts as an endocrine disruptor and is associated with the underdevelopment of the reproductive system. 

Dr Tasha Stoiber, senior scientist at EWG, said: '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.'

Dr Kelles, who is also a nutritional epidemiologist, told media in Albany: ‘There is profound scientific evidence that the chemicals on this list cause harm.

'If we have alternatives and we know the alternatives are more effective, why are we allowing these to be added to our food for the profit of corporations?

'They're not necessary, and they're harmful.' 

Dr Kelles said the second bill is crucial for increasing transparency: 'We’re simply saying you need to give us those reports and make them public.'

'To have our food itself causing the diseases we know are on the rise and not able to do anything about it because we don’t know that those chemicals are is profoundly and simply irresponsible.'

Dr Charles Moon, a pediatrician at the Children's Hospital at Montefiore in the Bronx and member of the American Academy of Pediatrics (AAP), said: ‘Safe and nutritious foods are crucial for child development.

'The AAP urges New York to pass these bills without delay and ban these toxic substances.’ 

Despite the support, the bills have also been met with criticism. 

The National Confectioners Association, which represents candy companies, said: ‘The US food system is the envy of the world, and FDA is fulfilling its responsibility to ensure that it stays that way – meaning that state legislatures should leave these science-based regulatory decisions to the experts.’ 

'Usurping FDA’s authority does nothing but create a state-by-state patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence.' 

'There is no plausible basis for many of the arguments made in support of the proposed ban on FDA-approved food additives. This kind of reckless language destroys consumer trust in our food system, which is the safest in the world.'