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New York could become the second state to impose a “bowling ban,” after California passed the measure earlier this month.
The New York State Assembly is currently considering a bill that would ban five food additives linked to cancer, chronic diseases and mood disorders.
The ingredients (brominated vegetable oil, potassium bromate, propylparaben, red dye #3, and titanium dioxide) are currently used in Skittles, Pez candies, and Sun Drop sodas.
If approved, it would give manufacturers five years to modify their recipes or face fines for selling in the state.
There are growing calls for the Food and Drug Administration (FDA) to impose nationwide restrictions after reports found that at least ten ingredients are still widely used in the US and banned in Europe for health reasons.
Skittles and other sweets that use food additives linked to cancer could be banned in New York under consideration by the state legislature.
About 12,000 products sold in California use the harmful ingredients included in the state’s new ban, according to the Environmental Working Group.
Other lawmakers in the northeast are understood to be considering similar bans, Consumer Reports campaigners told DailyMail.com.
Red dye number 3, used to color foods, and potassium bromate, which helps dough rise, have been linked to cancers, including thyroid and kidney cancers, studies have shown.
Red Dye No.3 has also been linked to hyperactivity in children.
Propylparaben, often used as a preservative in baked goods, is thought to cause fertility problems, while brominated vegetable oil has been linked to nerve damage.
Titanium dioxide, used for food coloring and which has been removed from California’s ban, has also been linked to lung cancer.
Two versions of the bill were introduced in April; one to the Assembly, by Democratic Assemblywoman Dr. Anna Kelles, and another to the Senate, by Democratic Senator Brian Kavanagh. Both were referred to their agriculture committees.
The bill must clear five hurdles before it can become law in New York state.
First, it must have the support of a majority of members of the agriculture committees of both chambers.
It must then receive a majority of votes in both the Assembly and the Senate. And then be approved by Governor Kathy Hochul.
The New York state bill will be considered by committees when the state legislature reconvenes in January of next year.
The bill states: “While the use of food additives to improve the shelf life, flavor or texture of various commercial food products is nothing new, the science behind the health effects of increased consumption of such additives is shedding new light on how dangerous some of them can be.
‘This legislation protects New Yorkers from five of the most widespread and harmful food additives by prohibiting the manufacture or sale of foods that contain them.’
California’s bill was first read in February of this year and passed in just eight months.
New York has a shorter six-month legislative session, but a Consumer Reports spokesperson told DailyMail.com that it was possible the bill could pass within that shorter time frame.
They cautioned, however, that it was possible the bill could be revised to eliminate titanium dioxide, as in California.
The California Senate removed this additive from its bill after intense pressure from industry stakeholders.
A Consumer Reports spokesperson told DailyMail.com: ‘Now that the California ban has been signed, it effectively represents a national ban due to the size of the California market.
‘So New York and other states that may be interested in this issue will consider various options for how to move forward with the issue.
“They could replicate California’s effort to strengthen it, or they could try to address other toxic chemicals that are not addressed in the California bill.”
California Governor Gavin Newsom sent a letter confirming that he had signed the bill. He attached to this a bag of Skittles from the European Union, saying this was proof that companies could alter their recipes.
When California’s bill passed earlier this month, supporters heralded it as an “important stand” against “toxic” chemicals in American foods.
Following the signing, Governor Newsom said: “This is demonstrable proof that the food industry is able to maintain product lines while complying with different public health laws, from country to country.”
A similar ban was passed more than a decade ago in the European Union to remove additives from food.
The United States is far behind European countries in terms of food safety, with more than a dozen ingredients still approved in the United States that have been banned in Europe based on research into the harmful effects the additives could have on consumers.
Studies show that Red No.3, a food dye found in many sweets, was associated with cancer in laboratory animals when exposed to very high doses and has been linked to behavioral problems in children.
The United States banned it in cosmetic products in the 1990s, but it remains in many food products still sold in the United States.
A pair of studies in 2016 found that it was found in more than one in 10 candies in the U.S. and that more than 80 percent of children under two years old had consumed it in the past two weeks.
Another of the substances to be banned, brominated vegetable oil, which is made from plants and used to flavor citrus, is suggested to damage the body’s nervous system after prolonged exposure.
It has also been linked to chronic headaches, memory loss, and balance problems. It was previously in the Mountain Dew soft drink until its parent company Pepsi removed the ingredient in 2020.
Propylparaben, often used as a preservative in baked goods, has been linked to fertility problems in mice by altering estrogen in females and reducing sperm count in males.
Potassium bromate is found in many baked goods and processed foods to make dough rise, but it has been linked to the development of thyroid and kidney cancers.
Industry stakeholders responded to California’s ban in March, saying the bill was moved forward because the safety of the additives was already being reviewed through a series of existing measures.
Among them were directors of the National Confectioners Association, the California Merchants Association, and the American Chemistry Council.