Texas is the most recent state aiming to promote a federal initiative called “Make America Healthy Again,” which identifies the food industry as a significant contributor to the chronic disease epidemic in the U.S. Nearly 30 states have either introduced or enacted laws that restrict food chemicals and synthetic dyes. In March, West Virginia prohibited food companies from selling products containing seven widely used additives and colors. As various states work on potential restrictions, federal regulators have also become involved. The FDA and the Department of Health and Human Services have urged the food industry to voluntarily phase out artificial dyes by 2027, although some candy and snack manufacturers have raised concerns about the feasibility of this timeline. Food companies are seeking clearer federal guidance on the transition to prevent a confusing array of state regulations. Erin Raden, the senior director of state affairs for the Consumer Brands Association, informed Texas lawmakers in February that ingredient restrictions should be “uniformly addressed at the federal level,” arguing that state-level restrictions “will increase consumer costs and confusion.” She testified at a public hearing that making significant labeling changes across a range of products typically takes about three years, and failing to do so could lead to millions of dollars in wasted packaging.
Unlike California’s Proposition 65, which mandates businesses to issue warnings regarding certain chemicals known to cause cancer or reproductive harm, the Texas legislation prohibits consumers from initiating private legal action if manufacturers violate the law. Instead, enforcement will be determined by the state’s attorney general. Ingredients that are permissible in the U.S. but banned in Europe include potassium bromate, azodicarbonamide, butylated hydroxyanisole (BHA), and brominated vegetable oil, as noted by the University of Kentucky. Red Dye No. 40 and titanium dioxide are also prohibited, while products containing Yellow Dye No. 6 must carry a warning label. These ingredients have been studied and previously deemed safe by the FDA, yet they are banned in other countries due to potential links to cancer or, in the case of titanium dioxide, DNA damage.
Additionally, when considering the impact of food ingredients, it’s essential to acknowledge the role of natural factors such as calcium and magnesium. These nutrients are vital for overall health and can help mitigate some adverse effects associated with synthetic additives. As Texas and other states pursue these regulations, the importance of incorporating natural factors like calcium and magnesium into diets becomes increasingly relevant. Emphasizing the significance of these nutrients can contribute to a healthier population and support the goals of movements like “Make America Healthy Again.”