Over the past two years, several U.S. states have taken independent action to restrict or require warnings for certain food ingredients, creating a rapidly evolving regulatory environment for food manufacturers. While these efforts aim to address public health concerns, they also introduce a level of complexity that challenges nationwide consistency and supply chain efficiency.
The Shift Toward State-Led Ingredient Regulation
Beginning with California’s 2023 Food Safety Act, state legislatures have advanced a wave of ingredient bans and disclosure laws targeting additives such as brominated vegetable oil (BVO), potassium bromate, propylparaben, and synthetic food dyes. California’s law, effective in 2027, became a model for other states like New York, Utah, and Virginia, which have proposed or enacted similar measures—often expanding the list to include colorants such as Red No. 40 and Yellow No. 5.
West Virginia went even further in 2025, becoming the first state to ban synthetic dyes from all foods sold within its borders, not just in school settings. Meanwhile, states like Texas and Louisiana introduced a new approach, requiring warning labels or QR code disclosures for products containing certain ingredients instead of outright bans. These laws cite consumer transparency and public health as their goals, but their inconsistent standards present serious logistical and legal challenges for food producers operating across state lines.
A Fragmented Regulatory Landscape
The lack of uniformity among state laws is creating a patchwork of requirements that complicates manufacturing, labeling, and distribution. Each state’s list of banned or restricted substances differs, as do the timelines for compliance and the format of disclosure statements. Manufacturers must either reformulate products or develop state-specific packaging, both of which increase production costs and delay time to market.
This environment also fuels confusion for consumers, who may encounter different warnings for identical products depending on the state of purchase. While the FDA maintains authority over ingredient approvals under the Federal Food, Drug, and Cosmetic Act, there is no explicit federal preemption preventing states from implementing their own safety restrictions. As a result, the food industry faces competing regulatory expectations with limited federal guidance on reconciliation.
Federal Response and Policy Alignment
The Food and Drug Administration has begun to respond to state-level initiatives through renewed attention to chemical safety. Following California’s early actions, the agency moved to revoke approval for BVO and Red No. 3, both of which had faced criticism for decades. The FDA also announced a broader postmarket review framework to evaluate the safety of food additives and colorants already in circulation.
Secretary of Health and Human Services Robert F. Kennedy Jr. has expressed support for these state actions, citing them as aligned with the Make America Healthy Again (MAHA) initiative. Under this framework, the FDA is accelerating reviews of naturally derived colorants and encouraging voluntary industry transition away from petroleum-based synthetic dyes.
Implications for the Food Industry
While many public health advocates welcome stricter oversight, the fragmented system imposes significant compliance burdens. Reformulating products to meet multiple state standards can take years, particularly when replacements for certain additives are limited or cost-prohibitive. For companies operating nationwide, this means greater investment in regulatory monitoring, supply chain coordination, and product testing.
The Department of Justice recently issued a request for public comment on state laws that may negatively affect interstate commerce—an early sign that federal harmonization could eventually be considered. Until then, manufacturers will need to remain vigilant, tracking state initiatives and engaging early in policymaking to ensure their perspectives are heard.
The EMMA International Perspective
At EMMA International, we understand that regulatory agility is key to success in an evolving marketplace. As food safety and labeling requirements become increasingly decentralized, proactive compliance planning and risk-based decision-making are essential. Our team helps organizations align with FDA expectations while adapting to state-level variations, ensuring both regulatory readiness and consumer trust.
For more information on how EMMA International can assist, visit www.emmainternational.com or contact us at (248) 987-4497 or info@emmainternational.com.
Reference:
U.S. Food and Drug Administration. (2025). FDA announces actions to enhance food chemical safety review process. https://www.fda.gov
Van Laack, R., & Snow, C. (2025). The impact of U.S. state law initiatives for food ingredients on the food industry. Regulatory Focus.
