Concern over food additives banned in Europe but not US

Some of the foods you and your family could be eating contain ingredients banned in other countries but still legal here in the U.S. Some of those additives are suspected of causing cancer, even changes in DNA.

In this report, Spotlight on America investigates concern that a more lax approach to regulating food chemicals in the U.S. could be putting consumers at risk.

Food additive safety

Chemical additives in things like candy corn and other treats and foods sold here in the United States are causing concern for people like Push Mookim, a certified personal trainer with AAG Fitness in Arlington, Virginia.

Mookim is a self-avowed label reader, who is very careful about the food he puts in his body.

“My main concern is the unknown. A lot of this stuff, we don’t really know what it’s doing to us,” Mookim said.

Most Americans are likely unaware that some additives in our food are considered dangerous in Europe.

“I certainly wouldn’t go to a grocery store and pick up an item and think to myself, ‘I wonder if it has carcinogens in it. I wouldn’t think to myself this candy that I’ve been seeing for years and years and years on the market could be contributing to neurobehavioral issues or cause memory loss and tremors, all kinds of things,” Nutritionist Kristina Martin told Spotlight.

Additives Banned in Europe – Legal in U.S.

Food additives banned in Europe but still allowed here in the U.S. include:

Martin says, unfortunately, the burden is on consumers to be label readers to look for additives like Red Dye 3, Titanium Dioxide, Propylparaben, Potassium Bromate, Brominated Vegetable Oil.

“Most people can’t pronounce the names, which I think is always a really good indicator that it’s probably not the best for you,” she said.

Red Dye 3 Concerns

Red Dye 3 is one of the additives creating significant concern.

The chemical is used to make food coloring more vibrant in U.S. products, including many treats often eaten by children, like Brach candy corn, but also in foods you might not suspect, like Vigo yellow rice.

“The clearest example of FDA failure is the food dye Red 3,” said Thomas Galligan, principal scientist on additives at The Center for Science in the Public Interest. “This is a chemical that FDA, itself, determined in 1990 causes cancer when eaten by animals, but in 2024, it is still authorized for use in food today.”

Galligan says Europe takes a more precautionary approach to evaluating chemicals and additives compared to the United States.

CPSI is critical of the Food and Drug Administration, the federal agency responsible for overseeing the safety of chemicals in our foods, for taking too long to reevaluate the safety of additives, when new research shows they can cause potential harm.

“This is an ongoing, pretty egregious failure by the agency, in our opinion,” Galligan said.

The FDA delisted Red Dye 3 for use in cosmetics back in 1990, after evidence emerged that it causes cancer in lab animals, but action to ban its use in U.S. food stalled.

“Thirty-four years have elapsed from acknowledging that this substance causes cancer in animals and action no action to this plan,” Galligan said.

CSPI has filed a petition with the FDA asking the agency to ban Red 3, but Galligan says his organization has not received a response to their request.

FDA Response

Spotlight on America requested an interview with the FDA to discuss why additives banned and considered harmful in other countries are still legal here in the U.S. The agency declined, but a spokesperson told us in an email, “Just because an ingredient is not authorized for use in a specific country doesn’t mean that is unsafe at levels for which it is used in another country.”

In addition, the FDA indicated to Spotlight that the amount of a chemical in a food is part of their consideration: “Our thorough review process considers potential health risks over a lifetime of dietary exposure to ensure the safety of these chemicals.”

After an independent expert review and critical report following the baby formula crisis in 2022, the FDA is setting new goals for its human food program. The agency’s website says it is working to “enhance its approach to food chemical safety.”

“What their report revealed was that there are some cultural and structural problems within the agency that prevent it from doing its job effectively,” Galligan said.

The FDA website says it is implementing a goal to “update processes to identify, evaluate, prioritize and communicate new and evolving information to determine if reassessment of a chemical by the FDA is warranted,” but includes a caveat saying, more resources are needed to “ensure more steady progress.”

Being a label reader

Pressure from health-conscious Americans has pushed the FDA to ban certain ingredients, like BVO this summer, but in many cases, consumers are unaware of the potential risk.

Red Dye 3, in particular, is one that the Nutritionist Kristine Martin said she always tells clients to avoid when purchasing products, because it’s easy to remember.

“It’s found in 1000’s of foods, from things like this to sugary beverages, even some baby foods,” Martin said.

On a recent trip to the grocery store, Spotlight on America found Red Dye 3 in products like Brach Candy Corn, Entenmann’s Little Bites Party Cake Muffins, and even products you might not suspect, like Vigo Yellow Rice.

Martin is also concerned about Titanium Dioxide, because it’s in a lot of products that children consume. Studies have indicated it can potentially impact DNA.

Spotlight on America found Titanium Dioxide listed as an ingredient in products like Hostess Cupcakes and Little Debbie Oatmeal Cream Pies.

We contacted all the food companies mentioned in our report for comment. Only two responded with statements: Entenmann’s, which makes the mini muffins and McKee Foods, which makes Little Debbie products.

Entenmanns told us in an email: “We are phasing out red dye 3 in all Entenmann’s products and expect this change to be implemented by the end of the year.”

The maker of Little Debbie products told Spotlight: “McKee Foods remains compliant with the FDA regulations regarding the safe use of titanium dioxide. It is the second least present ingredient in Little Debbie Oatmeal Cream Pies. At this time, we do not have concern about an ingredient that is declared safe by the FDA as long as it makes up less than 1% of the food’s total volume. There are currently no plans to eliminate this ingredient.”

“DIRTY DOZEN” food chemicals to avoid

Environmental Working Group is also a consumer advocacy group critical of the FDA for not taking action to ban several chemicals considered to be potentially harmful.

EWG publishes a list of the top 12 food chemicals it recommends that consumers avoid, calling them the “dirty dozen.”

They include:

1. Potassium bromate
2. Propylparaben
3. Butylated hydroxyanisole (BHA)
4. Butylated hydroxytoluene (BHT)
5. Titanium dioxide
6. Seven artificial dyes
7. Aspartame
8. Azodicarbonamide (ADA)
9. Propyl gallate
10. Sodium benzoate
11. Methylene chloride, trichloroethylene and ethylene dichloride
12. Sodium nitrite

The group is urging the public to submit comments to the FDA as the agency considers changes to its food safety review process. The deadline for the public to submit comments is Dec. 6.

Increasingly, states are taking the lead on banning ingredients the FDA has been slow to act upon.

California was the first state to pass a new law in April banning several additives, including Red Dye 3.

At least 10 other states have now introduced similar bills, including New York, Washington, Pennsylvania, Maryland, West Virginia, Iowa, Missouri, Illinois, and Rhode Island.