Interactive map: Tracking state food chemical regulation in the U.S.

Thousands of chemicals are allowed for use in food and beverages sold in this country. And most are probably safe to consume. But some have been linked to serious health harms.

In 2023, the California Food Safety Act, which banned four toxic chemicals from food sold, manufactured or distributed in the state, was signed into law. The chemicals are potassium bromate, propyl paraben, Red Dye No. 3 and brominated vegetable oil, or BVO.

Last year, the California School Food Safety Act was signed into law. It bans the food additives Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, Green Dye No. 3 from food served in public schools.

Following the success of these landmark laws, lawmakers in dozens of state bills have introduced bills targeting harmful food chemicals. Collectively, the legislation would ban not only the California chemicals but also titanium dioxide, butylated hydroxyanisole, or BHA, azodicarbonamide, or ADA, heavy metals and butylated hydroxytoluene, or BHT. The potential health risks of each of these chemicals are well documented.

^{* These health harms are associated with the consumption of titanium dioxide in food, not with the use of titanium dioxide in personal care products and sunscreens applied topically.}

^{✝ EWG will reevaluate the use of titanium dioxide in cosmetic lip and oral care products during the next EWG Verified® annual science review.}

Lack of federal regulation 

The Food and Drug Administration has repeatedly failed to act when it comes to regulating potentially harmful food ingredients.

Nearly 99 percent of food chemicals introduced since 2000 were approved by the food and chemical industry, not the FDA.

Even when the FDA does assess food chemicals for safety, it has been extremely slow and rarely reevaluates earlier decisions, even in light of new science. So the vast majority of chemicals in our food supply haven’t been reviewed for safety for decades, if at all.

The FDA’s most recent list of chemicals “under review” includes only three of the 13 chemicals targeted by state bills: potassium bromate, propyl paraben and titanium dioxide. The agency’s plan for post-market assessments remains unclear, and the process as a whole lacks transparency. And it could be years before the FDA concludes its review of these chemicals – if it ever doesStates with active legislation

Alabama

H.B. 491 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

H.B. 580 would prohibit public schools from serving or selling foods containing BVO, potassium bromate, propyl paraben, titanium dioxide, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

Arkansas

H.B. 1962 would prohibit public schools from serving or selling foods containing potassium bromate, propyl paraben, titanium dioxide, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

S.B. 9 would ban the sale, distribution and production of food products containing potassium bromate, propyl paraben and Red 3.

California

A.B. 1264 would define ultra-processed food, or UPF, and direct state scientists to determine a subset of “particularly harmful UPFs” to be restricted in schools.

Connecticut

H.B. 147 would ban the sale, distribution and production of food products  containing BVO, potassium bromate, propyl paraben and Red 3.

H.B. 6808 would ban the sale, distribution and production of food products containing BVO, potassium bromate, propyl paraben, Red 3 and titanium dioxide.

S.B. 968 would ban the sale, distribution and production of food products containing Red 2, Red 4, Green 1, Green 2, Violet 1, Butter Yellow, Orange 1, Orange 2, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, carmoisine and erythrosine.

Delaware

S.B. 69 would prohibit public schools from serving or selling foods containing Red 40.

Florida

H.B. 641 would prohibit public schools from serving food containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6, ADA, BHA, BHT, potassium bromate, propyl paraben or titanium dioxide and would require warning labels for a long list of additives.

S.B. 1826 would prohibit public schools from serving or selling foods containing potassium bromate, propyl paraben, titanium dioxide, BVO, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3, Red 3, and Red 40.

Hawaii

S.B. 644 would ban the use of single-use food packaging and serving containers that contain intentionally added “forever chemicals” known as PFAS.

S.B. 683 would further restrict PFAS use in food packaging.

S.B. 791 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

Illinois

H.B. 2516 would ban the use of PFAS in food packaging.

S.B. 0073 would ban the sale and distribution of baby food that contains toxic heavy metals at levels above the limits established by the FDA.

S.B. 0093 would ban the sale, distribution and production of food products containing BVO, potassium bromate, propyl paraben or Red 3.

Indiana

H.B. 1247 would ban the sale, distribution and production of food products containing BVO, potassium bromate, propyl paraben, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

H.B. 1655 would ban the sale, distribution and production of food products containing BHA, BHT, Red 40, titanium dioxide, Yellow 5 and Yellow 6.

Iowa

H.B. 212 would prohibit public schools from serving or selling foods containing margarine, BVO, potassium bromate, propyl paraben, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

Louisiana

H.B. 117 would prohibit public schools from serving or selling foods that contain aspartame, BVO,  Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6, potassium bromate, propyl paraben, titanium dioxide, safflower oil, grapeseed oil or cottonseed oil.

S.B. 14 would prohibit public schools from serving food containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6, , BHA, BHT, potassium bromate, propyl paraben, titanium dioxide, and ADA. It would require warning labels for a long list of additives.

Massachusetts

H.B. 3959 would ban the sale of foods containing potassium bromate and propyl paraben, as well as ban public schools from distributing or selling foods that contain Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

S.B. 1531/ H.D. 2496 would prohibit public schools from serving or selling foods containing harmful food dyes, including Blue 1, Blue 2, Red 3, Red 40, Yellow 5, Yellow 6, and Green 3.

S.D. 2521/ H.D. 4095 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

Michigan

H.B. 4369 would prohibit public schools from serving or selling foods containing potassium bromate, propyl paraben, BVO, titanium dioxide, Blue 1, Blue 2, Green 3, Red 40 or Yellow 6. 

S.B. 228 would prohibit public schools from serving or selling foods containing BVO, potassium bromate, propyl paraben, titanium dioxide, Blue 1, Blue 2, Green 3, Red 40 or Yellow 6.

Minnesota

S.F. 188/H.F. 44 would require packaged food product manufacturers and brand owners to test for and report ortho-phthalates. 

Missouri

H.B. 260 would require a warning on any food containing acrylamide, arsenic, bisphenol A, or BPA, cadmium, DEHP, lead, mercury, Blue 1, Red 40, Yellow 5 and Yellow 6.

S.B. 802 would prohibit public schools from serving or selling foods containing potassium bromate, propyl paraben, titanium dioxide, BVO, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

New Jersey

A. 4132 would ban the sale, distribution and production of food products containing potassium bromate, propyl paraben, Red 3 and BVO.

A. 4367/ S.B. 3135 would restrict a number of substances from food packaging: PFAS, ortho-phthalates, bisphenols, halogenated and organophosphorus flame retardants (HFRS, OPFRS), non-detectable pigments, including carbon black, oxo-degradable additives including oxo-biodegradable additives, UV-328, 2-(2h-benzotriazol-2-yl)-4, 6-di-tert-pentylphenol, or any other ultraviolet light absorbers including benzophenone and its derivatives, short-, medium-, and long-chained chlorinated paraffins, toxic metals other than lead, cadmium, mercury, and hexavalent chromium, antimony trioxide, formaldehyde, perchlorate, toluene; or vinyl chloride, including polyvinylidene chloride.

New York

A.B. 6520 would require businesses to label certain foods and beverages containing harmful ingredients, including Red 3, titanium dioxide, BVO, potassium bromate and propyl paraben.

S. 1239/ A.B. 1556 would require disclosure of secret GRAS chemicals and ban the sale, distribution and production of food products containing potassium bromate, propyl paraben and Red 3.

It would also ban in public schools the sale of food that contains Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

S.B. 6668 would prohibit public schools from serving or selling foods containing synthetic dyes such as Blue 1, Red 3 or Yellow 6. 

North Carolina

H. 440 would ban the sale, distribution and production of food products containing harmful food additives. 

H. 874 would prohibit public schools from serving or selling foods that contain potassium bromate, propyl paraben, titanium dioxide, BVO, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

Oklahoma

S.B. 4 would ban the sale, distribution and production of food products containing BVO, potassium bromate, propyl paraben, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6 and titanium dioxide.

Oregon

H.B. 3015 would ban the sale in public schools of foods that contain Red 3, potassium bromate and propyl paraben.

Pennsylvania

H.B. 1131 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

H.B. 1132 would define UPF and prohibit the sale or distribution of competitive foods in public schools if they are not healthy.

H.B. 1134 would require foods with Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6 to include a label that states, “This product contains synthetic colors, which may have an adverse effect on activity and attention in children.”

H.B. 507 requires the testing of baby food for heavy metals and establishes limits on heavy metal content.

H.B. 1133 would require foods containing BHA to include a label that states: “WARNING: This product contains BHA, which may cause cancer."

Rhode Island 

H. 5115 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

South Carolina

H. 4263 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

H. 4439 would prohibit public schools participating in federally funded or assisted meal programs from serving or selling foods containing potassium bromate, propyl paraben, titanium dioxide, BVO, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

S. 589 would prohibit public schools from serving or selling foods containing potassium bromate, titanium dioxide, BVO, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6. The bill would also submit a request to deny Supplemental Nutrition Assistance Program, or SNAP, coverage for candy and soda. 

Tennessee

H.B. 0134 would prohibit public schools from serving or selling foods containing Red 40.

Texas

H.B. 1637 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6.

H.B. 3137 would ban the sale, distribution and production of food products containing aspartame, artificial flavoring, propyl paraben, ADA, BHA, BHT, color additives, dimethylpolysiloxane, monosodium glutamate, tert-butylhydroquinone, partially hydrogenated oils, sodium benzoate, sodium nitrate, sodium nitrite and methylparaben.

H.B. 3736 would prohibit public schools from serving or selling foods containing Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

H.B. 4787 would prohibit school districts from providing food and drinks that contain any of nine synthetic dyes: Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6, citrus red dye 2, and orange B dye.

H.B. 4971 would prohibit the use of SNAP benefits to buy food or drink items containing BVO, potassium bromate, propyl paraben, ADA, BHA, Red 3 or titanium dioxide. 

H.B. 5378 would require school districts and open-enrollment charter schools to make available to parents and guardians of students a list of foods served in the school that contain BHA, potassium bromate, BVO, synthetic dyes, propyl paraben, BHT, titanium dioxide, high-fructose corn syrup, maltodextrin, ADA, potassium iodate, BPA, arsenic, carrageenan, glyphosate and synthetic growth hormones.

H.B. 5548 would prohibit public schools from serving or selling foods containing BVO, potassium bromate, propyl paraben, ADA, BHA, titanium dioxide, Blue 1, Blue 2, Green 3, Red 40, Yellow 5, Yellow 6, or anything substantially similar to these chemicals.  

S.B. 25 would require food manufacturers to label products containing artificial colors, additives or banned chemicals.

S.B. 314 would ban food with ADA, BHA, BVO, potassium bromate, propyl paraben, Red 3 and titanium dioxide from free or reduced-price meals provided by schools.

Vermont

H. 260 would prohibit the manufacture, sale, delivery or distribution of food containing BVO, potassium bromate, propyl paraben and Red 3. 

S. 26 would prohibit the use of Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6 in competitive food and food and beverages served as part of a school district or an approved independent school’s food programs.

Virginia

H.B. 1844 would ban the sale and distribution of baby food that contains toxic heavy metals at levels above FDA limits.

Washington

H.B. 1921 would ban the sale, distribution and production of food products containing potassium bromate, propyl paraben, Red 3 or BVO. 

West Virginia

S.B. 545 would ban the sale, distribution and production of food products containing BHA, propyl paraben, Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5 or Yellow 6.

Interactive tool

Food bill tracker

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Lowering your exposure to harmful food chemicals

Until the FDA takes action on toxic food chemicals, states should continue to take measures to protect their consumers from these toxic food chemicals. 

But while we await state and federal regulation, if you want to lower your intake of harmful food ingredients, you can: 

• Consult EWG’s Food Scores database to find products that don’t use toxic food chemicals like the ones included in these state bills. When you’re on the go, use our Healthy Living app to find products.
• Choose packaged foods that are certified organic, whenever possible. These products must meet strong standards that protect consumers from exposure to potentially harmful additives.
• When possible and affordable, limit your intake of ultra-processed foods. Many contain concerning ingredients.

First created April 4, 2024.