[Image above] Many popular candies, such as Skittles, Starbursts, and Sour Patch Kids, contain titanium dioxide as a food additive. Ever since the European Commission instituted a ban on TiO2 as a food additive in 2022, several U.S. states have introduced legislation that would ban its use as well. Credit: Vinicius “amnx” Amano, Unsplash
With Valentine’s Day fast approaching, grocery store candy aisles are overflowing with heart-shaped sweets and chocolate boxes. But consumers in the United States and Europe will notice one big difference between the items offered in each place—the presence (or not) of the food additive titanium dioxide (TiO2).
TiO2 is used as a whitening or brightening agent in a wide variety of products, including paints, paper, textiles, cosmetics, and pharmaceuticals. Its use as a food additive started in 1966 when the U.S. Food and Drug Administration (FDA) authorized its use.
Despite its long history as a food additive, the European Commission decided to institute a ban on TiO2 as a food additive in 2022. The ban followed the release of an updated assessment by the European Food Safety Authority in 2021, which could not rule out genotoxicity concerns for new ultrafine nanoforms of TiO2.
Since that ban went into full effect in August 2022, various alternatives for food coloring additives are being adopted in Europe Union countries. However, despite some lawsuits in the U.S., the FDA remains firm in its guidance that TiO2 can be used as a food additive as long as its amount does not exceed 1% by weight of the food.
Though no movement to ban TiO2 as a food additive has occurred on the federal level in the U.S., the possibility is now being floated in legislation from several states.
For example, in February 2023, members in the California State Assembly introduced The California Food Safety Act, which proposed to ban the food additives brominated vegetable oil, potassium bromate, propylparaben, red dye No. 3, and TiO2 starting in 2027. However, by the time the act was signed into law in October 2023, TiO2 was dropped from the list.
In March 2023, members in the New York State Senate introduced a bill that would ban the same five food additives, although its directive would take effect starting in 2025. The legislature is expected to vote on the bill soon.
Meanwhile, members in the Illinois State Senate introduced a bill in November 2023 that would ban the four food additives outlawed in California, with a start date of 2027. However, Illinois lawmakers say they plan to add TiO2 to the list during discussion on the bill.
These laws are being met with hostility by some food groups, such as the National Confectioners Association (NCA). When California passed its new food safety law, the NCA issued a statement saying the law initiates “a slippery slope” that may lead to “a massive patchwork of requirements for U.S. food manufacturers.”
“…the FDA could prevent [such inconsistency] by engaging on this important topic,” the NCA letter states.
In November 2023, the FDA took a small step in this direction when it proposed to revoke the regulation authorizing the use of brominated vegetable oil, one of the food additives listed in the California, New York, and Illinois laws. Additionally, in that same announcement, the FDA stated it is reviewing the regulations concerning red dye No. 3, another one of the food additives focused on in the state laws.
Yet there remain many food additives that have not been reviewed by the FDA in decades, despite being banned in Europe.
To try and address this oversight, U.S. Representative Janice Schakowsky (D–IL 9th District) has twice introduced the Food Chemical Reassessment Act in 2021 and 2023, which would create an Office of Food Safety Reassessment at the FDA to ensure more consistent and thorough reviews of food additives.
Learn more about Schakowsky’s proposed legislation in the video below, which features her interview with CBS Evening News in February 2023.