FDA Proposes Ban on Brominated Vegetable Oil

Shook, Hardy & Bacon L.L.P.

The U.S. Food and Drug Administration (FDA) has proposed banning the use of brominated vegetable oil (BVO) in food, concluding the intended use of BVO is no longer considered safe. The agency currently allows the use of BVO, a vegetable oil modified with bromine, in small amounts to help prevent citrus flavoring from separating and floating to the top of some beverages, but it notes that many beverage producers reformulated their products to replace BVO after its generally recognized as safe (GRAS) status was revoked several decades ago.

FDA pointed to studies conducted in collaboration with the National Institutes of Health, which found the potential for adverse health effects in humans, as well as California’s forthcoming law that will ban BVO. “The agency is continuously reviewing and reassessing the safety of a variety of chemicals in food to ensure the science and the law support their safe use in food, including all four ingredients that are part of the recent California law,” the agency said. FDA also indicated it is reviewing the color additive regulations authorizing the use of Red Dye No. 3, another additive banned under the California law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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