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Skittles, Mountain Dew, other processed foods could be banned in Illinois as Senate bill advances

SPRINGFIELD, Ill. — A bill that would ban certain additives and chemicals in food has advanced in the Illinois legislature.

On Thursday, Senate Bill 2637 passed the Senate. It will now head to the House.

The bill, introduced late last year by Illinois Senator Willie Preston, aims to ban specific ingredients in candy, soda and other snack foods. These additives include titanium dioxide, brominated vegetable oil, potassium bromate, propylparaben, and red dye No. 3.

According to Environmental Working Group and Consumer Reports, brominated vegetable oil can be found in some sodas and sports drinks. EWG lists Mountain Dew as having brominated vegetable oil.

Potassium bromate can be found in some packaged breads and frozen foods. Propylparaben can be found in packaged corn tortillas, baked desserts, and cake icing. Red Dye No. 3 can be found in some candy, baked goods, snacks, ice cream, cereals, and sodas as well as some medicines. EWG lists strawberry-flavored Ensure drinks, strawberry Yoo Hoo as containing Red Dye No. 3

Titanium dioxide is found in processed foods including some soups and sauces. The Environmental Working Group lists Skittles and Warheads as having titanium dioxide as an ingredient.

The bill also calls for studies on the potential health risks of BHA and BHT, two chemicals commonly found in gum, snack foods, and other common grocery items.

A statement from Preston’s office said the “measure would ban specific, dangerous food additives from being used in the manufacture, delivery, distribution or sale of food products.”

The bill includes provisions for manufacturers and distributors to adopt safer alternatives and update their recipes by Jan. 1, 2028. It also establishes penalties for multiple non-compliance violations.

The Illinois Manufacturers Association opposes the bill, calling it a dangerous precedent.

California has a similar ban that became law in October. The California bill does not require products containing these ingredients to come off shelves, but does require manufacturers to adjust their formulas.

Some food manufactures are critical of bills like these.

The National Confectioners Association issued a statement Thursday in response to the passage of the bill that said, “It’s time to stop pretending that Illinois state legislators have the scientific expertise to make these very important regulatory decisions. Usurping FDA’s authority does nothing but create a patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence.”

In early April, the Consumer Brands Association posted a blog called, Food Safety Focus: Why FDA’s Pre- and Post-Market Authority Is Critical. It said, in part, “At the state level, legislation is creating a patchwork of laws and regulations for food ingredients, which is becoming increasingly unmanageable for companies operating in and manufacturing products for a national marketplace. These state actions are occurring without regard to current scientific evidence or FDA’s expert opinions. It is critical, then, that the FDA get out ahead of this recent spate of state food ingredient bans to ensure there is regulatory predictability and uniformity.”

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