It is vastly important for CPG companies to pay close attention to the FDA’s standards on what is and isn’t allowed in food products in order to ensure they fall within legal guidelines. With the appointment of Jim Jones as the agency’s first Deputy Commissioner for Human Foods, the regulatory landscape has been quickly changing with more changes being implemented to ensure consumer safety and health compliance.

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After decades of debate, the U.S. Food and Drug Administration is finally taking a firm stance and banning the use of brominated vegetable oil in the use of citrus-flavored drinks. This comes after recent scientific evidence further proving its harmful effects, such as leaving bromine triglycerides in the heart, brain, and liver while also affecting the thyroid gland.

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BVO had been generally recognized as safe (GRAS) since the late 1950s. It was not until 1970 that this was revoked, as studies performed on animals revealed how BVO could have detrimental effects on the heart, but the ingredient was still allowed at reduced levels in fruit-flavored drinks. It was by this point that other countries had already taken a stance; the UK had already banned the use of BVO in beverages, with India banning the additive in 1990 and Japan eventually following some years later in 2010. Now, as of November 2023, the FDA is catching up and recognizing the emulsifier for its detrimental effects on the body. 

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BVO, however, is far from the only ingredient of interest as more regulations are being proposed by lawmakers and organizations. Red No. 3 - a synthetic dye used to color food - is a proven carcinogen that was already banned in cosmetic products, but is conversely still allowed in food products. States like California have gone ahead and enacted bans on its use, while other states and the FDA are closely scrutinizing the dye and leaning towards taking action themselves. Other additives such as potassium bromate, propylparaben, and titanium dioxide, are similarly facing the ban hammer as mounting evidence indicates that they cause more harm than good.

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Furthermore, aside from the aforementioned food additives, which could affect the way manufacturers formulate food products, the FDA is also moving to end the use of substances containing PFAS to be used as grease-proofing agents. Several manufacturers had voluntarily phased out these substances from their food packaging in 2020, but now the agency plans to make these rules concrete for all - meaning those who relied on the material will now have to find a suitable alternative.

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With the regulatory landscape constantly changing, it’s quite likely that more and more ingredients and additives will face review, as well as chemicals and substances found in everyday packaging. It’s important to stay ahead of the game in order to avoid operational hiccups and ensure consumers have the safest, healthiest options available in their food. Keep a look out for what ingredients are going into your products and see if there are better replacements available!

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