Illinois lawmakers are the latest group of government officials seeking to ban titanium dioxide, a common whitening/opacity agent used in dietary supplements, candy, and more, along with several other food additives, in a bill (SB 2637) modeled after the California Food Safety Act.
 
“This legislation, in its simplest form, increases food safety for Illinoisans,” said State Senator Willie Preston (D-Chicago), the sponsor of the bill, in a statement. “These substances have been used in food for decades, and new evidence shows they can pose serious threats to our health and to the health of our kids […] This legislation does not seek to ban any products or take away any of our favorite foods. This measure sets a precedent for consumer health safety to encourage food manufacturers to update their recipes to use safer alternative ingredients.”
 
The new bill, the “Illinois Food Safety Act,” seeks to ban titanium dioxide, brominated vegetable oil, potassium bromate, proylparaben, and red dey no. 3 from the state’s food supply. While all of these additives were considered Generally Recognized as Safe (GRAS) by the U.S. Food and Drug Administration (FDA), the agency recently proposed a ban on brominated vegetable oil following new studies it conducted in cooperation with the National Institutes of Health. It is also currently reviewing safety evidence for red dye no. 3.
 
State assemblies in New York and New Jersey already have bills in progress seeking to ban these same five additives. Notably, California removed titanium dioxide from its list of additives to ban before the bill was signed into law.
 
State-Federal Inconsistencies
 
In similar arguments made around the time that California passed its ban on these food additives, those representing the food and dietary supplements industry noted that Illinois’ and other state bans can set a harmful precedent, resulting in a patchwork of inconsistent food safety standards from one state to another. Such bans could undermine FDA’s ability to enforce a national food safety standard, certain experts warn.
 
“Contradicting patchwork policies between federal and state regulators undermines consumer trust and creates challenging interstate distribution,” the Institute of Food Technologists (IFT) said in a statement. “Compliance with new legislation or regulation requirements is an expensive endeavor with costs stemming from a multitude of one-time and ongoing expenses […] IFT believes food safety is paramount for a food system that consumers trust, and that science is critical for establishing evidence-based policies to ensure a global food system that is sustainable, safe, nutritious, and accessible to all. A state enacting food safety legislation that conflicts with FDA regulations reinforces the need for integrating modern science and technology into the global food supply and its governance. As time and resources are limited, complying with conflicting legislative and regulatory requirements diverts resources away from other critical food safety, nutrition, and sustainability priorities.”