You have probably heard the term “ultra-processed food.” What does that mean? Unprocessed food probably requires little explanation. For example, a whole raw apple that has not been cut, cooked or otherwise prepared would be unprocessed. From there, a range of processing might be done – the apple could be cut in slices and packaged for snacking – that would be some degree of processing. It could be mixed with sugar and lemon juice and cooked down to make apple butter. That would be more processing. It could also be mixed with numerous other ingredients, including artificial colors, sweeteners, hydrogenated oils, starches, enriched flours, and preservatives to make shelf-stable snack cakes. That would be an ultra-processed food. Ultra-processed foods provide convenience and help reduce the cost of foods by providing longer shelf life. Many of the current staples of American life are ultra-processed foods – think about chips, crackers, frozen meals, soft drinks, many breakfast cereals, processed meats (like hot dogs), candies, ice cream, and some common fast foods.
Certain ingredients used in ultra-processed foods have been associated with health problems such as cancer, cardiovascular disease, diabetes, mental / behavioral conditions, and obesity. The FDA has authorized the use of ingredients found in ultra-processed foods available in the United States. However, certain countries, including those within the European Union, have prohibited the inclusion of these ingredients in their food supplies.
On January 15, 2025, the FDA banned Red Dye number 3 from food after research linked the dye to higher rates of thyroid cancer in animals, but not humans. While the FDA has not banned many ingredients prohibited in other countries, states have been taking independent action. California leads the nation in regulating food ingredients. In 2023, California passed legislation banning Red Dye number 3, propylparaben (a preservative to prevent the growth of mold and bacteria), potassium bromate (used to make bread rise better and to improve the texture), and brominated vegetable oil (used to stabilize citrus flavorings in drinks).
Other states have also begun to take action. Below is a chart outlining recent and pending state legislation aimed at food regulation.
Stay tuned for more regulatory changes. With nationwide distribution common among food manufacturers, an ingredient ban in one state can effectively function as a nationwide ban. Plus, with the new administration in Washington, D.C., it is anticipated that the FDA will impose additional regulations on food ingredients. Bottom line, regulations at the state and federal levels may lead manufacturers to reformulate or discontinue some foods. We will track the legislation and update this post as warranted.
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