SPRINGFIELD, ILL. – A bill making its way through the Illinois legislature would ban the manufacture, sale or distribution of products formulated with brominated vegetable oil, potassium bromate or red dye 3. The legislation is like a bill that was signed into law in California in October.
Illinois Senate Bill SB2637 was proposed on Nov. 7, 2023, and assigned to the state’s Public Health committee for consideration on Jan. 24. It would amend the state’s Food, Drug and Cosmetic Act and take effect on Jan. 1, 2027, if it is signed into law.
Brominated vegetable oil often is used in fruit-flavored beverages, according to the Food and Drug Administration. Potassium bromate is an oxidizing agent used as a food additive, mainly in the bread-making process, and red dye 3 is a color additive.
“This legislation, in its simplest form, increases food safety for Illinoisans,” said State Senator Willie Preston. “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.”
Preston added that he intends to consider other ingredients be added to the ban, including titanium dioxide, and that the proposed legislation will call for studies about the potential health risks posed by butylated hydroxyanisole and butylated hydroxytoluene.
“Illinois families deserve to have access to the healthiest food options,” Preston said. “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 and safety to encourage food manufacturers to update their recipes to use safer alternative ingredients.”
On Oct. 7, California Governor Gavin Newsom signed Assembly Bill 418 into law. The legislation bans the use of brominated vegetable oil, potassium bromate and red dye 3 starting Jan. 1 2027.
Titanium dioxide initially was included in the California legislation, but the ingredient was removed before the final bill was signed.
Shortly after the passage of the California legislation, the FDA proposed to revoke the use of brominated vegetable oil in food. The FDA concluded it no longer considers the use of the ingredient in food as safe after results of studies conducted in collaboration with the National Institutes of Health showed bioaccumulation of bromine and toxic effects on the thyroid.