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The United States food industry recently came under fire once again, and this time the target was children’s breakfast cereals. Consumers and food activists, including the well-known activist known as the Food Babe, challenged the use of food additives in breakfast cereals sold in the United States. Some of the cereal ingredients are banned elsewhere but are still allowed for use in the United States. At least one food activist started a petition directed at W.K. Kellogg, a manufacturer of breakfast cereals and other products.
The recent petition alleges that W.K. Kellogg’s continues to use artificial food dyes and preservatives that are prohibited for use in other countries and regions, including Europe. The petition calls for the removal of food dyes and preservatives including BHT (butylated hydroxytoluene) from children’s cereals. The United States and Europe follow different food regulatory frameworks, with the United States allowing for the use of approximately 10,000 food additives compared to a much smaller list approved for Europe. Currently, many cereal companies, including W.K. Kellogg’s, use natural dyes in countries such as Australia and Canada.
While consumers and activists raise concerns, individual states are acting counter to federal oversight on some food additives. The State of California recently signed into law a bill banning some vividly hued salty snacks, candies and cereals from being served in schools. The bill, the first of its kind signed into law as the California School Food Safety Act, takes effect on December 31, 2027. The bill specifically targets foods and beverages made with the food dyes Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and / or Green 3. The California legislation’s sponsor stated that the bill is intended to protect children’s health.
Recent actions follow a 2021 report by California linking colorants to hyperactivity and inattentiveness in sensitive children. However, many in the food industry dispute the report’s findings, saying the colorants have been proven safe for use for many decades and are legally permitted for use by the U.S. Food and Drug Administration. However, other states have followed California with their own proposals for color and food additive bans. Currently, eleven other states including Illinois, New York, and Washington are considering similar bans on additives and colorants. The growing patchwork of state and federal regulations will create complications for an industry that operates across state lines.
While the additives targeted are legally permitted in the United States, the implications for consumer perception and trust are a concern. The state legislation regarding additives has left some consumers wondering whether certain colorants and additives are safe. Several food companies have publicly committed to removing these additives from their products, but the reformulations take time to accomplish. A patchwork of state legislation only adds to the complexity of reformulations and fosters mistrust in the federal food regulatory system.
On its website the FDA states: “The FDA has reviewed and will continue to examine the effects of color additives on children’s behavior. The totality of scientific evidence indicates that most children have no adverse effects when consuming foods containing color additives, but some evidence suggests that certain children may be sensitive to them. The FDA will continue to evaluate emerging science to ensure the safety of color additives approved for use. ”
The food industry will continue to face scrutiny regarding ingredients and the ways in which foods are marketed, particularly those promoted to children. Consumer trust hinges on transparency and accountability, which may be a tough balance with evolving and conflicting state and federal regulations.
About the Author
Julie Holt is a subject matter expert in the areas of food and beverage, additives and regulatory strategy. Ms. Holt’s expertise includes the beverage industry, with current consulting support across multiple beverage categories.
Holt has more than 25+ years of regulatory experience in the food and food ingredients industries and managed her own advisory firm, Scientific & Regulatory Solutions LLC, prior to joining FoodChain ID. As a consultant, she supported several food and beverage clients including a Fortune 50 company. Holt has provided global regulatory knowledge covering more than 200 countries. Her consulting efforts have supported global regulatory needs, R&D projects, sustainability goals and innovation initiatives.
