The FDA said it had concluded that BVO was not safe for use after the results of studies, it conducted in collaboration with the National Institutes of Health, found the potential for adverse effects in humans.
The agency had first proposed to revoke the regulation in November 2023. According to the Center for Science in the Public Interest, BVO was banned in the UK in 1970, followed by India in 1990, the EU in 2008 and Japan in 2010.
The Food and Drug Administration said on Tuesday it would revoke the regulation that authorized the use of brominated vegetable oil in food items, effective Aug. 2, as it was no longer safe.
BVO is a chemical ingredient containing bromine, which is found in fire retardants. Small quantities of BVO are used legally in some citrus-flavored drinks in the United States to keep the flavor evenly distributed.
The FDA said it had concluded that BVO was not safe for use after the results of studies, it conducted in collaboration with the National Institutes of Health, found the potential for adverse effects in humans.
The agency had first proposed to revoke the regulation in November 2023. According to the Center for Science in the Public Interest, BVO was banned in the UK in 1970, followed by India in 1990, the EU in 2008 and Japan in 2010.
In 1970, the FDA had concluded that its use in food was not generally recognized as safe because of toxicity concerns. After this, the agency began regulating BVO as a food additive, while simultaneously conducting safety studies.
“The FDA’s new regulation to not allow BVO as a food additive is a terrific positive in the right direction,” said Michael Ashley Schulman, chief investment officer at Running Point Capital Advisors.
As per FDA rules, whenever a company was using the ingredient in any product, it was necessary to list it on the label.
Over time, many beverage makers have replaced BVO with an alternative ingredient, according to the FDA. “Today, few beverages in the U.S. contain BVO,” it said.
PepsiCo and Coca-Cola have removed BVO from their drinks such as Gatorade and Fanta, respectively.
“Sun Drop, manufactured by Keurig Dr Pepper, still uses BVO … This is probably the biggest national brand that still uses it,” said CFRA Research’s Arun Sundaram.
Keurig Dr Pepper did not immediately respond to a Reuters request for comment.
Considered safe. Considerations are influenced by adequate research, ideally.
Lead used to be considered safe in paint, asbestos used to be considered safe for napkins, cigarettes used to be considered safe to smoke, cocaine used to be considered safe to drink, etc.
I am just waiting for the next “asbestos” to come to light in home construction. I am betting on drywall sooner or later being considered hazmat to disturb. Plastics are emerging as a bigger problem, so we will see how that all pans out.
Lead used to be considered safe in paint
It’s worse than that. Ancient Romans knew that lead could poison you and no one ever forgot. They all kept using it anyway because lead was cheap.
they misspelled citrussy
Again, the FDA was late to the game. Even India has banned this stuff decades ago.
I always find this a little funny… Like I always hear complaints how the FDA is overbearing and stuff… And I’m like, they’re barely doing their job. They’re so woefully backed that even if they make a ruling, they act super slow or are unable to enforce. That said… Lots of moves happening from them after the baby formula stuff. It’ll be interesting how the next year or two goes
I always find this a little funny… Like I always hear complaints how the FDA is overbearing and stuff
It’s big corpos who’d love to continue using these additives that launch these claims via proxy into the public. Similar to how McDonald’s made sure people think the US is a country of frivolous lawsuits because they were ordered to cover a woman’s medical costs after a jury found them guilty. Purposeful misrepresentation of facts
While I don’t doubt nor deny this happens (looking at you 3M), but I will say from experience, a lot of the bigger corps push themselves to exceed food safety standards. Well at least, in my experience in the food biz … Granted I’m more in the luxurious sector. But yeah, since 2008 we’ve been well beyond what is being asked… Mostly for perception, but overall for financial reasons. In general a food safety incident costs about 10 mil (average anyway). Like we’ve been testing for heavy metals well before I started … And now that’s a big thing being tested for and such. The FDA sets a pretty low bar… Most of their actions tend to be reactionary.
Again, not saying I disagree, just stating my one point of data from my anecdotal experience.
Cue the lawsuit to be able to continue using it.
Yes, weren’t the implications from the Chevron case that the FDA wouldn’t be able to ban ingredients anymore? I thought the government departments were all basically stripped of powers and could only make recommendations to Congress.
Got to go read, now, and figure out what I misunderstood…
They can continue operating until the courts stop them. Chevron deference is in reference to court cases, not specific regulatory authority. So the Chevron doctrine was that courts should defer to the regulatory agency in most cases. With it gone, courts can generally rule against specific regulations without fear of being over turned on appeal.
The real danger is SCOTUS in another case in the last few days completely removed something called standing in relation to these regulations. It used to be that you could only challenge a new rule or regulation right after it was made. Now you can challenge it when the damage occurs. That sounds better but in reality it’s worse. Because corporations can act as people in court, all you have to do is incorporate a new corporation in a friendly court district. For example, the second you create a “alcohol distribution” corporation you are subject to those regulations. Some of them are a hundred years old. You can now claim damage has occurred and sue to block the enforcement of those regulations.
Before Chevron was removed though the courts would have most likely ruled against you because the agency was deferred to in most cases. Now the court can take this shell company’s case and rule however it wants.
Mountain Dew used to be made with this… I wonder what it does to you
Mmmm… bromine…
