IL Joins CA, NY, and NJ in Banning Food Additives

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Illinois to Ban Certain Food Additives, Following California, New York, and New Jersey

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Thursday, February 1, 2024

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Originally introduced in November 2023, the Illinois Food Safety Act (SB 2637) proposes to prohibit the manufacturing, selling, delivering, distributing, holding, or offering for sale a food product that contains brominated vegetable oil (BVO), potassium bromate, propylparaben, and Red dye 3. However, the bill’s sponsors indicated on January 23, 2024 that he and fellow legislators intend to amend the bill to include titanium dioxide, though it has not yet been formally included.
Illinois’s bill closely follows bills proposed in California, New York, and New Jersey (AB 418, S60551A, and NJ A5436, respectively), though California is the only one yet to pass. Titanium dioxide was also originally included in the proposed list of banned additives in California, but was later removed. Titanium dioxide is included in NY S60551A and NJ A5436.
If enacted, the Illinois proposal would take effect January 1, 2027 (like California), while the S60551A ban is proposed to go into effect January 1, 2025. NJ A5436 would take effect a year and a month after enactment, though there has been no action on the bill since its introduction in May 2023. SB 2637 proposes fines of $5,000 for a first violation and $10,000 for each subsequent violation.
As we previously reported, the U.S. Food and Drug Administration (FDA) also proposed to revoke its regulation authorizing the use of BVO in food. The comment period for this FDA proposal closed on January 17, 2024, with 41 public comments submitted. These comments are currently under review.