Advocates vow to keep fighting after food additive transparency bill stalls

Health and science advocates are grappling with the recent defeat of a state bill designed to ban certain harmful food dyes and increase transparency about chemical additives in foods. 

The proposed law, which many say was long overdue, was blocked in the closing hours of the legislative session after a last-minute political maneuver that stunned supporters.  The bill sought to close a federal regulatory loophole known as the “Generally Recognized as Safe” or GRAS exemption — a provision allowing food manufacturers to slip new chemicals in their products without informing the U.S. Food and Drug Administration or sharing any safety data with the public.

The bill also aimed to ban three additives — Red 3, potassium bromate and propylparben — chemicals linked by studies to cancer, developmental delays and other health concerns.

GRAS was first established in 1958, intended for ingredients like vinegar, salt, canola oil and other substances with a long history of use. Since then, it’s led to significant gaps in regulation, with companies self-certifying ingredients based on privately commissioned and often unpublished studies. 

The self-certified additives often appear in processed food under vague labels like “natural flavors” or “artificial colors,” terms that tell consumers nothing about what’s actually inside. 

“This bill was about protecting our children’s health,” said Dr. Rachel Berman, a pediatrician and Riverdale resident. “It’s frustrating to see it stall like this. How can you make an informed decision when you don’t know what’s in your food? We’re trying to do the best for our kids, but the system isn’t letting us.”

Jensen Jose, regulatory counsel for the Center for Science in the Public Interest, has been a vocal advocate for reforming this loophole.

“The GRAS system lets companies self-approve additives without any meaningful oversight,” he said. “The FDA often doesn’t even know what chemicals are being used, and consumers are left in the dark.”

Jose pointed to a 2022 incident involving Daily Harvest, a mail-order food company that launched lentil-based protein meals featuring tara flour – an ingredient the company self-certified as safe. Derived from seeds of the South American tara tree, tara flour had never been used as a food ingredient in the U.S., nor was it traditionally consumed in its countries of origin in a powdered form. 

After it entered the U.S. market without FDA pre-approval, more than 400 people reported severe reactions, including liver dysfunction and extreme abdominal pain, leading the company to issue a voluntary nationwide recall. However, it took the FDA nearly two years to conclude that tara flour was not “generally recognized as safe,” citing a lack of valid safety studies.

Under the proposed law, New York would have created a publicly accessible database cataloging all food additives used within the state, providing vital information to regulators, researchers and the public.

Locally, the bill won broad support among residents, many of whom voiced concerns about the lack of information and potential health repercussions. Among them were religious leaders like Rabbi Yonah Berman, Rachel’s husband.

“We all want what is best for our children,” he said. “We all want our children to grow up to be healthy adults, and that includes physical, emotional, spiritual health. Sometimes battles take a long time to fight, but they’re worth fighting for.”

Despite widespread community backing and bipartisan sponsorship, the legislation was shelved during a procedural vote late in the session. It was proposed by Sen. Brian Kavanagh and Assemblywoman Anna Kelles, both Democrats.

The bill also carried significance for researchers. Without comprehensive data on food additives, scientific study of potential health effects remains limited.

“A public database would be a game-changer for public-health research,” Jose said.

The failed legislation highlights the challenges of regulating an industry resistant to oversight. Yet the community’s message remains clear: Families deserve transparency and safety.

“We’re not giving up,” Rachel Berman said. “Parents deserve to trust the food they feed their children.”

With the next legislative session in January 2026, advocates are hopeful the bill will return stronger.

“If public support stays high, this will pass,” Jose said.

For now, the community and experts alike remain united in the belief the fight for safer food and greater transparency must continue.

This story was updated June 27, 2025.