You stand in the grocery aisle, comparing two brands of fruit snacks for your kids. You glance at the nutrition panel, check the sugar content, and maybe look for a “USDA Organic” seal. But how often do you scan the full, often lengthy, ingredients list for additives like Erythrosine or Brominated Vegetable Oil? For most busy shoppers, the answer is likely “not often.” We place a great deal of trust in the Food and Drug Administration (FDA) to ensure the ingredients on our shelves are safe. For the most part, that trust is well-placed. However, the landscape of food science and safety is constantly evolving, and 2023 has been a watershed year for change. We are witnessing a significant, real-time shift as the FDA takes action on several long-standing food additives in direct response to new science and immense public pressure. This isn’t just bureaucratic shuffling; it’s a major development for American pantries. Understanding what’s being banned, why it’s happening right now, and how it affects your grocery cart is more important than ever. Welcome to your guide to the pivotal FDA food safety shake-up of 2023.
What Does It Mean When the FDA ‘Removes’ a Substance?
First, let’s clarify the terminology. When the FDA “bans” or “removes” a food substance, it’s typically an additive, not a whole food like broccoli or chicken. These actions usually revolve around the FDA’s “Generally Recognized as Safe” (GRAS) list. The GRAS designation is a cornerstone of American food regulation. A substance can be considered GRAS if there is a consensus among qualified experts that it is safe for its intended use in food [1]. Many common ingredients, like salt, vinegar, and baking soda, are on this list. However, a substance can lose its GRAS status if new scientific evidence emerges that questions its safety. When the FDA revokes GRAS status for an additive, it effectively prohibits its use in food products sold in the United States. This process can be slow, but as we’ve seen this year, a confluence of events can dramatically speed up the timeline.
The Big Headlines: Key Proposed Bans and Reviews
This year, the wheels of regulation have been turning faster than they have in a long time, spurred by landmark state-level legislation and mounting scientific data. Here are the most significant additives making news.
1. Brominated Vegetable Oil (BVO) For decades, Brominated Vegetable Oil (BVO) was the secret ingredient that kept the citrus flavoring in many popular sodas and sports drinks from separating and floating to the top. It ensured every sip of that orange or lemon-lime soda tasted consistent.
- The Problem: BVO contains bromine, an element also found in flame retardants. Long-term consumption has been linked to potential health issues, including harm to the thyroid gland. Studies have shown that bromine can accumulate in the body, leading to concerns about memory loss, skin lesions, and nerve problems, a condition known as bromism.
- The 2023 Action: In a landmark move this November, the FDA formally proposed a rule to revoke the authorization for the use of BVO in food. The agency released a statement saying that “the intended use of BVO in food is no longer considered safe” based on recent studies [2]. This move, coming on the heels of California’s ban, signals the end of the road for BVO in our beverages.
2. Red Dye No. 3 (Erythrosine) If you’ve ever eaten a bright red maraschino cherry, a pink candy heart, or certain fruit-flavored yogurts, you’ve likely consumed Red Dye No. 3. This synthetic color additive, derived from petroleum, has been used for over a century to give foods a vibrant cherry-red hue.
- The Problem: The controversy around Red Dye No. 3 is not new. Back in 1990, the FDA banned its use in cosmetics and externally applied drugs because high-dose studies in lab animals showed a link to thyroid cancer [3]. Inexplicably, a regulatory loophole allowed its use in ingested foods and drugs to continue.
- The 2023 Action: The tipping point came just this past October when California passed its landmark California Food Safety Act, which bans the use of Red Dye No. 3 starting. This put immense pressure on the FDA to address the paradox of banning a known carcinogen from skin products but allowing it in food. In response, the FDA has announced it is now actively reviewing multiple petitions to revoke its use in all foods, a move many experts believe will happen in the coming year [3].
3. Partially Hydrogenated Oils (PHOs) – The Final Nail in the Coffin While the initial ban on PHOs—the primary source of artificial trans fats—happened a few years ago, 2023 marks a period of final enforcement and removal from the food supply, representing a continuing and monumental public health victory.
- The Problem: Artificial trans fats were once ubiquitous in processed foods, prized for improving texture and extending shelf life. However, a mountain of scientific evidence definitively linked their consumption to an increased risk of heart attacks, stroke, and type 2 diabetes.
- The Ongoing Action: The FDA removed the GRAS status of PHOs in 2015, and the final compliance dates have now passed [4]. In 2023, the FDA’s work is focused on enforcement, ensuring these harmful oils are completely out of the food supply. This serves as a powerful precedent for the current actions against BVO and Red Dye No. 3, showing that large-scale removals are possible and effective.
The ‘Domino Effect’: The California Law That Changed Everything
It’s impossible to discuss the food safety events of 2023 without focusing on the California Food Safety Act. Signed into law, it banned four additives—Red Dye No. 3, BVO, potassium bromate, and propylparaben—from being sold in the state beginning [5]. This single piece of state-level legislation created a logistical challenge for national food manufacturers. Rather than creating two versions of their products—one for California and one for the rest of the country—it is more economically viable to adopt a single, safer formulation for the entire U.S. market. This action forced a national conversation and directly pushed the FDA to accelerate its own review processes on BVO and Red Dye No. 3.
Why This Matters For Your Health and Your Family
The events of 2023 are more than just line items on a federal register. They represent a tangible shift toward a safer food supply.
- Reduced Chemical Load: Removing additives like BVO and Red Dye No. 3 reduces our cumulative exposure to synthetic chemicals whose long-term effects are questionable or linked to harm.
- Empowering Consumers: The high-profile nature of these bans is raising consumer awareness, encouraging more people to read ingredient labels and question what’s in their food.
- Prioritizing Health Over Convenience: The push against these additives proves that public health can be prioritized over the manufacturing convenience or vibrant color an ingredient provides.
How to Be a Proactive and Informed Consumer
You don’t have to wait for a ban to be finalized to make healthier choices.
- Read the Full Ingredient List: Don’t just look at the front of the package. The ingredient list is where the truth lies.
- Focus on Whole Foods: The easiest way to avoid questionable additives is to build your diet around whole, unprocessed foods like fruits, vegetables, lean proteins, and whole grains.
- Stay Informed: Follow news from reliable health and consumer advocacy groups. The events of this year show how quickly things can change.
- Recognize the Names: Be aware of the ingredients in the headlines today: BVO, Red Dye No. 3, potassium bromate, and titanium dioxide (also under scrutiny).
2023 will be remembered as a critical turning point for food safety in the United States. Propelled by science, advocacy, and state action, our food is on a clear path to becoming safer. By staying informed, you become a crucial part of that process, voting with your dollar and protecting your health one grocery trip at a time.
References
1.Advance ESG. “The Regulatory Bite: How Food Policies Affect You.” https://www.advanceesg.org/the-regulatory-bite-how-food-policies-affect-you/?gad_source=1&gad_campaignid=16456999082&gbraid=0AAAAAoWHp3PVdXm1Hu5_uc_P4uO17EXoR&gclid=CjwKCAjwtrXFBhBiEiwAEKen1w2N9Y27UqXVG9oS-MIQvXtOSuXi2eXiMJtbpDlngDZ_pw2XKLVYlRoCFGgQAvD_BwE
2.Environmental Working Group (EWG). “What Is GRAS?”. https://www.ewg.org/news-insights/news/2025/03/what-gras
3.Center for Science in the Public Interest (CSPI). “BVO: FDA Finally Bans Brominated Vegetable Oil.” https://www.cspi.org/cspi-news/bvo-fda-finally-bans-brominated-vegetable-oil
4.Michigan State University (MSU). “Food Additives & the Delaney Clause.” https://cris.msu.edu/news/food-ingredient-safety/food-additives-delaney-clause/
5.Keller and Heckman LLP. “FDA Announces Final Determination Partially Hydrogenated Oils Are Not GRAS.” https://www.khlaw.com/insights/fda-announces-final-determination-partially-hydrogenated-oils-are-not-gras
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