04-03-2025
Oklahoma bill seeking to ban Red Dye 40, aspartame, others advances
A Senate bill that would ban 21 synthetic dyes from food products made and distributed in Oklahoma has passed through its assigned committee on Monday.
Senate Bill 4, authored by state Sen. Kristen Thompson, R-Edmond, would require food to reformulate recipes to exclude the additives by January 2027, and drug manufacturers by January 2028.
If it's signed by the governor and takes effect Nov. 1 as planned, it also would immediately require products made, sold or distributed in Oklahoma to display a warning label if they contain at least one of the 21 additives identified as potentially causing adverse health effects.
The bill comes after several efforts to reduce or ban additives have been enacted across the nation. In January, the Food and Drug Administration banned Red Food Dye No. 3, which California had banned in October, and at least 10 other states have similar bills moving through their legislatures to ban it and others.
As for Oklahoma's legislation, Thompson said this bill has the most robust list of banned food additives in the country.
'I wanted us to make a point. We're not going to let people put things in their bodies that they're not aware of, especially when the health risks are showing how potentially dangerous these can be,' Thompson said. 'We're going to look at science, we're going to see what the studies say.'
According to the Cleveland Clinic, red dye 40 is made from petroleum, and it and other food dyes have been linked to hyperactivity, including ADHD. While the FDA has approved red dye 40 and others for use in food products, it notes that some children may be sensitive to additives, The Oklahoman previously reported.
Thompson said she and her family stopped consuming food that had Red Dye No. 3 in it because her then 5-year-old son had hyperactive reactions to sports drinks and snacks containing the additive after he played soccer. Her son said his insides felt 'shaky.'
The lone "nay" vote came from committee Chairman Sen. Casey Murdock, R-Felt, who said he did not originally want to hear the bill because it seemed like government overreach. He gave Thompson a chance to plead her case and then placed it on the agenda.
'I know you're wanting to do good things, but I feel it's government overreach, telling a person what they can and can't eat, but I think that should be a person's decision,' he said, adding he appreciated the discussion. 'Maybe we can make it a better bill. We need to be having discussions like this, and if anything, letting the public know what they need to look out for.'
The bill passed the Senate Agriculture and Wildlife Committee on Monday and is now eligible to be heard on the Senate floor. If it's passed by March 6 — the deadline for Senate bills to reach the floor — it will move over to the House of Representatives.
Senate Bill 4 would ban 21 synthetic additives, including dyes and stabilizers. Some of these have been shown to have adverse health effects, while others are not harmful after the food is prepared properly, according to the FDA.
Following is the list of dyes and substances the bill would ban:
1. Aspartame
2. Azodicarbonamide (ADA)
3. Blue dye 1
4. Blue dye 2
5. Brominated vegetable oil (BVO)
6. Butylated hydroxyanisole (BHA)
7. Butylated hydroxytoluene (BHT)
8. Ethylene dichloride
9. Green dye 3
10. Methylene chloride
11. Potassium bromate
12. Propyl gallate
13. Propylparaben
14. Red dye 3
15. Red dye 40
16. Sodium benzoate
17. Sodium nitrate
18. Titanium dioxide
19. Trichloroethylene
20. Yellow dye 5
21. Yellow dye 6
While the bill almost received unanimous support, senators voiced their concerns on government overreach and business operations in regard to the cost of reformulating.
Sen. David Bullard, R-Durant, said he had major 'heartburn' on the way the bill is written and asked if it is an example of government overreach into private businesses. Thompson disagreed and said food companies use a loophole, known as 'Generally Recognized as Safe,' which allows companies to bypass FDA approval and self-determine which chemicals are safe to use.
'Keep in mind here, we're not banning food, we're not prohibiting food, we're not taking away food. What we're doing is we are saying in Oklahoma we are not going to allow poisonous chemicals in our foods,' Thompson said. 'We're still going to have all the things that we want to buy. We're just saying please make it without harmful chemicals.'
Sen. Grant Green, R-Wellston, asked if Thompson can assure the committee she will work to protect businesses and industry in Oklahoma. Thompson said yes, adding the bill won't put people out of business. She said she is willing to partner with anyone and any business to make their products better and in turn, get better health outcomes.
'What we're asking today is why are these harmful chemicals banned in other countries where we have some of the highest health care spending, they're still allowed? I don't think this is government overreach because at this point there's no oversight,' she said in her closing statement. 'We are giving Oklahomans the freedom to know what they're actually putting in their bodies.'
Sen. Nikki Nice, D-Oklahoma City, and Hicks voiced concerns on if food banks would be impacted and if they would receive food products with the additives that no one wanted. Thompson said Oklahoma has an obligation to make sure people visiting food banks have good food in their bodies, too.
This article originally appeared on Oklahoman: Oklahoma bill seeking to ban Red Dye 40, aspartame advances
