FDA Proposes Banning Food Additive Used in Sodas

The additive can result in ‘toxic effects’ on the thyroid gland which is crucial in regulating metabolism, blood pressure, and heart rate.

Diet Coke in a stock photo Getty Images

The U.S. Food and Drug Administration (FDA) proposed a ban on brominated vegetable oil (BVO) in food due to concerns that the beverage additive could negatively affect people’s health.

“The agency concluded that the intended use of BVO in food is no longer considered safe after the results of studies conducted in collaboration with the National Institutes of Health (NIH) found the potential for adverse health effects in humans,” the FDA said in a Nov. 2 press release. As a result, the agency proposed revoking the regulation that authorizes BVO use in food items.

The study cited by the FDA is a July 2022 study, published in the Food and Chemical Toxicology journal, which investigated the effects of BVO in rats. The researchers fed rats with diets containing BVO over a period of 90 days.

The research concluded that exposure to BVO at high doses disturbs the hypothalamic–pituitary–thyroid (HPT) axis, the primary function of which is to ensure normal circulation of the thyroid hormone.

The thyroid hormone is responsible for controlling the speed of metabolism in the human body. It plays a key role in regulating heart rate, body temperature, and blood pressure as well. Thyroid hormone is also critical for brain development among infants.

According to the FDA, results from the studies “show bioaccumulation of bromine and toxic effects on the thyroid.”

The new FDA proposal was welcomed by the Environmental Working Group (EWG). “Today’s announcement will ensure everyone has access to products that don’t contain BVO,” said Scott Faber, EWG’s senior vice president for government affairs.

EWG pointed out that drinks with citrus flavors are more likely to contain BVO. Brominated compounds have been linked to “numerous health hazards, including harm to the nervous system,” it said.

“BVO can build up in the body, and research has shown a connection between drinking large amounts of BVO-containing sodas over a long period and problems such as headaches, irritation of the skin and mucous membranes, fatigue, and loss of muscle coordination and memory.”

According to EWG, even though the FDA removed BVO from its “Generally Recognized as Safe” (GRAS) list in 1970, it allowed the use of the additive as a stabilizer in fruit-flavored drinks “at the behest of an industry group.” BVO is already banned in Japan and Europe.

BVO Regulation and Use

BVO is a vegetable oil that is modified with a reddish-brown chemical called bromine, which is also found in flame retardants.

The vegetable oil was removed from the FDA’s GRAS list back in 1970, after which the agency began overseeing its use under food additive regulations.

The FDA authorized the use of BVO in small amounts in some beverages to prevent the citrus flavor from separating and floating to the top.

Even though several beverage makers have reformulated their products to replace BVO with alternatives over the years, some beverages in the country continue to use BVO.

For instance, Coca-Cola and PepsiCo no longer use BVO in their drinks like Gatorade and Mountain Dew.

However, the additive is in use among some popular regional beverage brands, like Sun Drop soda. Once the FDA’s proposed ban becomes effective, these products will be prohibited nationwide.

“The proposed action is an example of how the agency monitors emerging evidence and, as needed, conducts scientific research to investigate safety related questions, and takes regulatory action when the science does not support the continued safe use of additives in foods,” the FDA said.

Those who wish to avoid food items containing BVO can check the ingredient labels.

On some labels, BVO may not exactly be mentioned as “brominated vegetable oil.” Instead, the label could mention it in terms of the food source from which the oil was extracted, like “brominated soybean oil.”

The FDA estimates its rule would impact “at most 2.5 percent of small businesses within the beverage manufacturing industry.”

California Ban

The FDA decision comes as California approved a law banning certain food additives last month. The law, which comes into effect on Jan. 1, 2027, will ban the use of four additives—BVO, potassium bromate, propylparaben, and red dye 3.

Individuals and entities manufacturing or selling food items containing the additives could be punished “by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation.”

California’s crackdown triggered opposition from the National Confectioners Association, which claimed that the ban would create confusion.

“[The law] replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs,” the group said in response to the law.

“They’re making decisions based on soundbites rather than science … We should be relying on the scientific rigor of the FDA in terms of evaluating the safety of food ingredients and additives.”

In its Nov. 2 press release, the FDA said that it recognizes California’s law banning the four food ingredients, including BVO, in the state.

“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.”