Illinois pushes BVO ban enforcement, testing state vs. federal power

Illinois is forging ahead with the Illinois Food Safety Act to ban brominated vegetable oil (BVO) and some other additives, spotlighting a tug-of-war over who controls food safety: states or the federal government.

While the U.S. Food and Drug Administration banned BVO in July 2024, Illinois’ move— co-authored by Secretary of State Alexi Giannoulias — seeks to enforce that ban at the retail level and tackle additional chemicals, potentially setting a precedent for stricter state oversight.

BVO, a bromine-modified vegetable oil, has stabilized citrus flavoring in drinks since the 1920s. Initially labeled “Generally Recognized as Safe” (GRAS) by the FDA, it lost that status in 1970 after Canadian studies flagged safety concerns. The FDA limited its use to 15 parts per million but didn’t ban it outright until July 2024, after studies by the National Institutes of Health confirmed health risks in rodents mimicking human exposure levels.

A 2022 Food and Chemical Toxicology study by the FDA and NIH found BVO caused thyroid toxicity and bromine buildup in rats, effects that could harm humans over time. Excessive bromine has been linked to neurological issues, fatigue and memory loss, though direct human cases from BVO are rare. “The evidence has been clear for decades,” Brian Ronholm, food policy director at Consumer Reports told Food Safety News in 2023. “Toxic additives like BVO don’t belong in our food.”

Illinois fills the enforcement gap
The FDA’s ban, effective August 2024 with a one-year compliance window, left enforcement gaps — retail sales of BVO-containing products could linger. Illinois’ Senate Bill 93, which passed the Senate Public Health Committee in February this year, codifies the BVO ban locally, targets retail compliance, and adds potassium bromate, propylparaben and Red Dye No. 3 to the hit list.

“This ensures Illinois families aren’t stuck with unsafe leftovers while the feds catch up,” Giannoulias told Yahoo News.

California’s 2023 ban, effective in 2027, inspired the move, but Illinois spares manufacturers’ penalties, focusing on retailers instead.

This state-level push has stirred debate. The FDA insists it’s on top of things — Deputy Commissioner Jim Jones said in July 2024 the agency acts “when science demands it.” Yet critics point to the agency’s 50-year delay on BVO as proof of federal inertia. States like New York and Missouri are now eyeing similar laws. The Illinois Manufacturers Association warns the bill could spark legal battles over interstate commerce, saying it “usurps” FDA authority and risks hiking costs in a $135 billion industry.

The stakes are high. If Illinois succeeds, it could face lawsuits from manufacturers claiming federal preemption, a tension California’s ban has already hinted at. It might also pressure the FDA to fast-track reviews of additives like propylparaben, still under study. Scott Faber of the Environmental Working Group sees a broader shift.

“States are tired of waiting,” he said in a July 2024 statement. “They’re forcing the FDA’s hand.”

Ripple effects beyond Illinois
Nationally, the ripple effects are already visible — PepsiCo and Coca-Cola ditched BVO years ago under consumer pressure. Illinois’ law could push others to reformulate faster.

“This isn’t just about BVO,” Ronholm told Food Safety News in 2023. “It’s about who protects consumers when Washington won’t.”

(To sign up for a free subscription to Food Safety News, click here.)