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On October 7, 2023, California Governor Gavin Newsom signed AB 418—which bans the manufacture, sale, and distribution of any food products that contains brominated vegetable oil, potassium bromate, propylparaben, and red dye #3—into law. The ban becomes effective in 2027.

The California Food Safety Act (AB 418) was amended by the Senate to remove titanium dioxide from its list of prohibited substances. Four substances remain on the list: brominated vegetable oil, potassium bromate, propylparaben, and red dye 3. The amendment was made just before the legislature was to cast the final vote on AB 418, but it is now ordered to a third reading.

The Food and Drug Administration (FDA) announced on May 3, 2023, that it filed a color additive petition that proposes to repeal 21 CFR 73.575, which permits the use of titanium dioxide in food.

The United States Food and Drug Administration (FDA) recently communicated to the Titanium Dioxide Manufacturers Association (TDMA) that FDA continues to consider the use of titanium dioxide (TiO2) as a color additive in foods to be safe.

China’s State Administration for Market Regulation (SAMR) released the Interim Measures for the Supervision and Administration of the Quality and Safety of Food-Related Products (Interim Measures). This latest iteration of the measures, released on October 8, 2022, was developed from a draft version that was published for comment on July 31, 2020.

Keller and Heckman Partner Rachida Semail will speak on recent developments in food packaging law at the 15th European Food and Feed Law Conference, to be held October 21-22, 2021, in Brussels. The conference will also include presentations on actions within the EU against food waste, the new food labelling information system, supply chain law, transparency regulations, biocides, and the Brexit developments regarding the marketing of food.

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The U.S. Food and Drug Administration (FDA) recently announced the release of the Substances Added to Food inventory, which is an updated version of the Everything Added to Food in the U.S. (EAFUS) inventory.