NCA calls on the US Food and Drug Administration to urgently address multi-state ingredients’ bans
NCA's president and CEO, John Downs addressing this year's State of the Industry conference in Miami. Pic: Neill Barston
The US-based National Confectioners Association has pushed-back against a series of state level legislation that are proposing the ban of several Food and Drug Administration (FDA) -approved food additives within the sector, reports Neill Barston.
Notably these key issues emerged at this year’s State of the Industry Conference (watch our exclusive video review of the 2024 event here), and have been taken forward by the key sweets and snacks organisation, which it said it is seeking positive action to ensure manufacturers are able to continue use well established ingredients.
But as Confectionery Production has reported in the past twelve months, there have been several high-profile cases relating to these ongoing matters, including a proposed California state ban on the ‘Red dye no3″ and several connected chemicals, which have traditionally been used in Halloween candy, with fears over links to cancer being put forward.
However, as the NCA asserted, while such causes have gained media attention, there had in its view been little fact checking among administrators or organisations, activists and other members of the media in terms of science-based evidence put forward to support any issues raised.
Furthermore, there have also been further consumer-magazine led studies asserting confectionery concerns regarding cadmium levels in dark chocolate, which has also posed close media focus, despite such products having clearance for sale nationally.
“Some states are proposing to dismantle our well-developed national food safety system in an emotionally-driven campaign that lacks scientific backing,” John Downs, NCA’s president and CEO, said.
“FDA needs to assert its authority as the rightful national regulatory decision maker and leader in food safety. It’s time to stop pretending that consumer magazine publishers and state legislators have the scientific expertise and qualifications to make these very important determinations.”
Following California’s adoption of a food additive ban in the fall of 2023, Illinois, New York, and Pennsylvania are among a handful of states currently considering copycat proposals. Indiana, Maryland, South Dakota, Washington, and West Virginia have rejected similar bills, because the proposals lack scientific basis. In the same vein, Kentucky legislators recently passed a resolution acknowledging that food safety decisions should be based in fact and driven by those with regulatory expertise.
As the NCA asserted, ‘careless rhetoric deployed in this debate would lead consumers to believe the food additives in question are harmful’ and added that in its view, there is a systematic failure on behalf of the US food safety system – ignoring the fact that FDA is taking action to modernise its review process to meet the growing demands of the agency.
“Usurping FDA’s authority does nothing but create a state-by-state patchwork of inconsistent state requirements that increase food costs, create confusion around food safety, and erode consumer confidence in our food supply,” Downs said. “FDA and regulatory bodies around the world have deemed our products safe. We are in firm agreement that science-based evaluation of food additives is needed – and we follow and will continue to follow regulatory guidance from the authorities in this space, because consumer safety is our chief responsibility and priority.”