You have probably heard the term “ultra-processed food.” What does that mean? Unprocessed food probably requires little explanation. For example, a whole raw apple that has not been cut, cooked or otherwise prepared would be unprocessed. From there, a range of processing might be done – the apple could be cut in slices and packaged for snacking – that would be some degree of processing. It could be mixed with sugar and lemon juice and cooked down to make apple butter. That would be more processing. It could also be mixed with numerous other ingredients, including artificial colors, sweeteners, hydrogenated oils, starches, enriched flours, and preservatives to make shelf-stable snack cakes. That would be an ultra-processed food. Ultra-processed foods provide convenience and help reduce the cost of foods by providing longer shelf life. Many of the current staples of American life are ultra-processed foods – think about chips, crackers, frozen meals, soft drinks, many breakfast cereals, processed meats (like hot dogs), candies, ice cream, and some common fast foods.
Certain ingredients used in ultra-processed foods have been associated with health problems such as cancer, cardiovascular disease, diabetes, mental / behavioral conditions, and obesity. The FDA has authorized the use of ingredients found in ultra-processed foods available in the United States. However, certain countries, including those within the European Union, have prohibited the inclusion of these ingredients in their food supplies.
On January 15, 2025, the FDA banned Red Dye number 3 from food after research linked the dye to higher rates of thyroid cancer in animals, but not humans. While the FDA has not banned many ingredients prohibited in other countries, states have been taking independent action. California leads the nation in regulating food ingredients. In 2023, California passed legislation banning Red Dye number 3, propylparaben (a preservative to prevent the growth of mold and bacteria), potassium bromate (used to make bread rise better and to improve the texture), and brominated vegetable oil (used to stabilize citrus flavorings in drinks).
Other states have also begun to take action. Below is a chart outlining recent and pending state legislation aimed at food regulation.
| State | Legislation | Status |
| Arizona | Banned from public schools food containing: Potassium bromate Propylparaben Titanium dioxide Brominated vegetable oil Yellow dye 5 Yellow dye 6 Blue dye 1 Blue dye 2 Green dye 3 Red dye 3 Red dye 40 |
Passed by the Senate |
| Arkansas | Prohibited from foods: Potassium bromate Propylparaben |
Referred to Senate Public Health Welfare And Labor If passed, effective 1/1/2028 |
| Connecticut | Prohibits from foods: Red dye number two Red dye number four Green dye number one Green dye number two Violet dye number one Butter yellow dye Orange dye number one Orange dye number two Red dye number forty Yellow dye number five Yellow dye number six Blue dye number one Blue dye number two Carmoisine Erythrosine |
Pending before the Joint General Law Committee |
| California | Banned from foods: Brominated vegetable oil Potassium bromate Propylparaben Red dye 3 |
Enacted on 10/7/23, effective on 1/1/2027 |
| Delaware | Prohibits from food: Red dye number 3 Red dye number 40 |
Pending before the Senate Health & Social Services Committee If passed, effective 1/15/2027 |
| Florida | Prohibits from food: Brominated vegetable oil Potassium bromate Propylparaben Red dye 3 Blue dye 1 Yellow dye 5 Benzidine Butylated hydroxyanisole Butylated hydroxytoluene. |
Pending in the Appropriations Committee on Agriculture, Environment, and General Government Effective 1/1/2028 if passed |
| Hawaii | Prohibits from foods in public schools: Blue dye number 1 Blue dye number 2 Green dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
Pending before the Senate Education Committee Effective 7/1/2025 if passed |
| Illinois | Prohibits from food: Brominated vegetable oil Potassium bromate Propylparaben Red dye number 3 |
Pending before the Senate If passed, effective 1/1/2027 |
| Indiana | Prohibits in food: Blue dye number 1 Blue dye number 2 Green dye number 3 Brominated vegetable oil Propylparaben Potassium bromate Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
Referred to Public Health Committee If passed, effective 7/1/2025 |
| Iowa | Prohibits in foods in public schools: Red dye number 40 Yellow dye number 7 Margarine |
Referred to Education Committee |
| Kentucky | Prohibits in foods in public schools: Brominated vegetable oil Potassium bromate Propylparaben Titanium dioxide Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 Blue dye number 1 Blue dye number 2 Green dye number 3 |
Referred to Primary and Secondary Education Committee |
| Louisiana |
Prohibits from food in public schools: Requires warnings on foods containing: Restaurants using must disclose to customers the use of the following seed oils: |
Pending before the Senate Health & Welfare Committee If passed, effective for the 2026-2027 school year If passed, effective 1/1/2027 If passed, effective 1/1/2027 |
| Maryland | Prohibits in foods: Brominated vegetable oil (BVO) Potassium bromate Propylparaben |
If passed, effective 10/1/2028 |
| Massachusetts | Prohibits in schools and school events food and beverages containing: Blue dye number 1 Blue dye number 2 Green dye number 3 Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
Referred to Public Health Committee If passed, effective 12/31/2028 |
| Missouri |
Requires warning labels for foods containing: Prohibits in foods in public schools: |
Pending before the House If passed, effective 2026-2027 school year |
| New Jersey | Prohibits foods with: Brominated vegetable oil Potassium bromate Propylparaben Red dye number 3 |
If passed, effective the first day of the 13th month following enactment |
| New York |
Banned from foods: Banned from foods sold in public schools: |
Pending before the NY Senate Effective 1 year after passage (with an up to 3 year exception based upon a product’s best by date) |
| North Carolina | Prohibiting from foods: Brominated vegetable oil Potassium bromate Propylparaben Red dye number 40 Yellow dye number 5 Yellow dye number 6 Blue dye number 1 Blue dye number 2 Green dye number 3 |
If passed, effective 1/1/2027 |
| Oklahoma |
Banned from foods and drugs If the FDA revokes is authorization of use, the following would also be banned: |
If signed by the governor, ban in foods effective on 1/15/2027 and in drugs on 1/18/2028 Warnings would also be required for the enumerated ingredients. |
| Oregon |
Prohibits from foods in schools: Also limits fats, sugars, calories and caffeine in some snacks and drinks available for students |
If passed, effective 7/1/2017 |
| Rhode Island | Prohibits from foods in schools: Blue dye number 1 Blue dye number 2 Green dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
If passed, effective 1/1/2027 |
| Texas |
Prohibits in foods in schools: Also prohibits in foods in schools: Prohibits from food in schools and foods available through supplemental nutrition programs: Prohibits in foods: Prohibits is foods available under SNAP programs: Prohibits from foods in schools: |
Effective immediately upon passage if it receives a 2/3 vote. If passed with less than a 2/3 vote, effective 9/1/2025 Effective immediately upon passage if it receives a 2/3 vote. If passed with less than a 2/3 vote, effective 9/1/2025 If passed, effective 9/1/2025 Effective immediately upon passage if it receives a 2/3 vote. If passed with less than a 2/3 vote, effective 9/1/2025 Effective immediately upon passage if it receives a 2/3 vote. If passed with less than a 2/3 vote, effective 9/1/2025 |
| Utah | Prohibits from foods in public schools: Potassium bromate; Propylparaben; Blue dye number 1 Blue dye number 2 Green dye number 3 Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
If passed, effective 5/7/2025 |
| Vermont | Prohibits in foods: brominated vegetable oil potassium bromate propylparaben red dye no. 3 |
If passed, effective 1/1/2027 |
| Virginia | Prohibited in food available in public and secondary schools Blue dye number 1 Blue dye number 2 Green dye number 3 Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
Signed by the governor on 3/27/2025 with an effective date of 7/1/2027 |
| West Virginia | Banned from foods: butylated hydroxyanisole propylparaben Blue dye number 1 Blue dye number 37 Green dye number 3 Red dye number 3 Red dye number 40 Yellow dye number 5 Yellow dye number 6 |
Approved by the governor on 3/24/2025: Effective 1/1/2028. Dyes prohibited in school foods effective 8/1/2025 |
Stay tuned for more regulatory changes. With nationwide distribution common among food manufacturers, an ingredient ban in one state can effectively function as a nationwide ban. Plus, with the new administration in Washington, D.C., it is anticipated that the FDA will impose additional regulations on food ingredients. Bottom line, regulations at the state and federal levels may lead manufacturers to reformulate or discontinue some foods.