Florida Rep. Luna Launches Bold Bid to Ban High-Fructose Corn Syrup and Food Dyes
Congresswoman Anna Paulina Luna has introduced a legislative package to ban both harmful dyes and HFCS found in the diets of many Americans.
For decades food dyes and high-fructose corn syrup (HFCS) have been added to foods causing several health issues for the 90 million Americans who consume them. A new legislative package introduced by Congresswoman Anna Paulina Luna (FL-13) seeks to restrict the use of HFCS and color additives in food products.
Rep. Luna’s recent press release shows the proposed Do or Dye Act (H.R. 8687) as an amendment to the Federal Food, Drug, and Cosmetic Act concerning specifically the additives Yellow Nos. 5 and 6 and Red No. 40 seeking the exemption of any food color additive under section 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e) and for them to be deemed unsafe for use in foods.
The June 11th press release states:
“It is time that we stop allowing unaccountable corporations and the complicit Food and Drug Administration to poison our families. Far too many Americans are suffering needlessly from type 2 diabetes, pre-diabetes, and mental health conditions as a result of artificial and harmful ingredients that are in nearly every refrigerator and pantry in our country. Not only are we consuming spoonfuls of high-fructose corn syrup every day, but many of the foods and snacks we consume have dyes linked to an alarming number of health conditions.”
Congresswoman Luna also announced the new legislation in a post on her verified government account on 𝕏 stating, “I am introducing legislation today to make our foods less toxic. Millions of Americans consume poisonous food dyes and sweeteners like high fructose corn syrup daily. I’m putting an end to that. I urge my colleagues to join me in this VITAL legislation.”
Red No. 5, & Yellow Nos. 5 & 6 Explained
Red No. 5, often listed as FD&C Red No. 40 Aluminum Lake, Red Lake, Allura Red AC, CI Food Red 17, INS No. 129, and E129 can be found in tons of drinks, condiments, bakery items, dairy, and candies. In addition, Red No. 40, made from petroleum, is added to some eye makeup, drugs, and other cosmetics.
Yellow No. 5, also known as tartrazine, FD&C Yellow 5, or Yellow 5 Lake is a food coloring derived from tar and found in similar foods as Red No. 5 as well as ketchup, corn, hot dogs, cheese, and salad dressings. Yellow No. 5 is often used in non-food items such as hand sanitizers, soaps, hair products, perfumes, and mouthwashes, among an extensive list of other products consumed regularly by Americans.
The term “Lake” used in color additives is defined by the FDA as: “a straight color extended on a substratum by adsorption, coprecipitation, or chemical combination that does not include any combination of ingredients made by a simple mixing process [21 CFR 70.3(l)]. Because lakes are not soluble in water, they often are used when it is important to keep a color from ‘bleeding,’ as in lipstick. In some cases, special restrictions apply to their use.”
The synthetic color Yellow No. 6, often listed on products under the name FD&C Yellow No. 6, Orange Yellow S, Sunset Yellow FCF, and E Number E110 in Europe, is a product of petroleum as well and can be found in food products such as cereals, gelatin, baked goods, candy, chips, soft drinks, noodles, ice cream, and also cosmetics and pharmaceuticals.
Health Issues Associated with Synthetic Food Coloring
Many health issues in Americans have been linked to the use of artificial colors in food, health, and beauty products. Research on Red No. 40 leans towards its consumption causing aggression, hyperactivity, and ADHD in children. Yellow No. 5 has been found to cause fatigue, blurred vision, and anxiety in some. As the third most widely used dye in products, many consumers of Yellow No. 6 have reported skin lesions, hives, migraines, vomiting, and hormonal changes after using products that contain the additive. It’s important to note that all three additives contain benzidine, a carcinogenic, but is permitted by the FDA in small amounts.
In the United States, Canada, and Europe, products containing Red No. 40, Yellow No. 5, or Yellow No. 6 must include a warning label informing consumers about potential allergic reactions such as asthma, migraines, or skin issues. While these labels are mandatory on American products, there is no requirement regarding the amount of color additives used. In Europe, instead of using warning labels, many American products with artificial coloring have switched to natural colorings derived from plants. Additionally, some FDA-approved additives in the United States are banned in Europe.
All color additives require FDA approval. According to the Environmental Protection Agency (EPA)'s Safer Chemical Ingredients List, these three additives are categorized as “low concern” among the numerous FDA-approved food colorings.
The health of American consumers has proven to be a bipartisan issue. Holding the FDA to certain labeling standards for food are Rep. Jan Schakowsky (D-IL 9th District) and Senator Richard Blumenthal (D-CT) who in December of 2023 introduced legislation that “would provide American consumers with clear information about the nutritional content of foods and beverages.” According to the December 14th press release, The Transparency, Readability, Understandability, Truth, and Helpfulness (TRUTH) in Labeling Act would require the monitoring of artificial sweeteners. The Act would also“direct the U.S. Food and Drug Administration (FDA) to develop new front-of-package labels for foods and beverages sold in the United States.”
The Center for Science and Public Interest (CSPI) Executive Director and President, Peter Lurie said of the proposed act (H.R. 6766), “The TRUTH in Labeling Act will make nutrition information more accessible to all consumers and prompt industry to create healthier foods. We’re thrilled that lawmakers are taking concrete steps to address the epidemic of diet-related disease and to transform our food supply.” Much like Rep. Luna’s proposed Do or Dye Act, the TRUTH in Labeling Act would also be an amendment to the current Federal Food, Drug, and Cosmetic Act. The bicameral bill has been endorsed by dozens of groups including SNAP Nutrition Education Administrators, the Consumer Federation of America, the National Center for Health Research, and many more.
Last September, Rep. Luna criticized the FDA's changes to food label regulations implemented in May 2020, which were extended until November 7, 2023. In her letter, Luna pointed out that the COVID-19 Public Health Emergency ended on March 11, 2023, stressing the FDA’s temporary changes should no longer be applied. Henry Rodgers of the Daily Caller reported on Congresswoman Luna's September 2023 letter to Dr. Donald A. Prater, D.V.M., Director of the FDA's Center for Food Safety and Applied Nutrition. Rodgers said Rep. Luna’s letter criticized “the center’s Office of Nutrition and Food Labeling for its ‘temporary’ policy that eases food labeling requirements.”
The letter from Rep. Luna reads in part:
“I am especially concerned about the mislabeling of products containing toxic food dyes and additives linked to health problems. American families should have the basic courtesy to know if these harmful ingredients are in their groceries. It’s high time the FDA stop misleading the public with ancient COVID rules and do its job!”
The letter asked for a response from Dr. Prater by September 27th, 2023.
FDA Food Labeling Requirements of Adulterated Additives Past & Present
More recently on June 12th, 2024, Rep. Luna reminded the public via 𝕏 that until the mid-19th century, natural food dyes were widely used in the United States, but later replaced by "cheaper" chemical alternatives that pose numerous health risks.
“Did you know the US used natural food dyes until the mid-19th century? Food manufacturers then realized it was much cheaper to start using chemicals. ‘Cheaper’ for the food manufacturers means it comes with a price of your health at risk.”
The Federal Food and Drugs Act of 1906 aka the “Wiley Act” was the first known law enacted to prevent “the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes.” It further states “The examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this act.” The Bureau of Chemistry later became the National Food and Drug Administration (FDA).
Signed by President Roosevelt, the Wiley Act was named after Harvey Washington Wiley, an American chemist who considered most synthetic food additives to be adulterants. Wiley further believed the Bureau’s lack of regulatory standards at the time was of greater public health concerns than that of misbranded or adulterated drugs.
Due to the efforts of consumer protection organizations, a new bill was introduced in Congress in 1930 to replace the Wiley Act. This new legislation focused primarily on distinguishing the differences between over-the-counter drugs and those requiring a doctor's prescription. The Food, Drug, and Cosmetic Act of 1938 would not be passed until 1937 and later signed into law by President Roosevelt on June 25, 1938.
According to the FDA:
“The first food standards to be issued under the 1938 act were for canned tomato products; by the 1960s about half of the food supply was subject to a standard. As food technology changed and the number of possible ingredients--including fortifying nutrients--grew, the agency developed recipe standards for foods, lists of ingredients that could lawfully be included in a product. A food that varied from the recipe would have to be labeled an imitation.”
The Food Additives Amendment of 1958 addressed the issue of cancer-causing agents in food additives, including preservatives, flavors, and food dyes. It emphasized the necessity for manufacturers to conduct safety assessments of their products before they are made available to the public. In 1958, scientists tested these products at concentrations of parts per thousand or million. By 2024, scientific laboratories have advanced to testing at parts per trillion. As a result, many carcinogens in these products were not detected until much later.
The FDA published a list of around 200 substances deemed “generally recognized as safe” or GRAS under their intended uses in Section 121.101(d) of the Federal Register of December 9, 1958. Sponsors and producers of food additives had to submit scientifically-backed data through a food additive petition. This petition required approval by Congress, ensuring that the product could be safely used under specific conditions before it could be added to the approved list. Later in 1960 and 1961 the GRAS list saw spices, flavorings, and seasonings added as new categories.
New criteria for foods and additives to qualify for the GRAS list would continue for the next several decades with new criteria for eligibility being added frequently. This includes guidance issued in 2014 by the Federal Register for assessing the effects of nanotechnology in human food called “Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology”.
Stop Spoonfuls of Fake Sugar Act
In addition to the introduction of the Do or Dye Act, on June 11th, Rep. Anna Paulina Luna also introduced the Stop Spoonfuls of Fake Sugar Act of 2024 (H.R. 8688) which, like the aforementioned proposed legislation would amend the current Federal Food, Drug, and Cosmetic Act by requiring foods containing elevated levels of high-fructose corn syrup (HFCS) to be deemed adulterated. This amendment would add “If it is food for human consumption and contains high-fructose corn syrup” to the end of Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342).
High-fructose corn syrup is derived from cornstarch and undergoes a production process similar to regular corn syrup. However, HFCS include the enzyme D-xylose isomerase, which converts a portion of its glucose into fructose during processing. This system of glucose conversion was first invented in 1957 by two chemists employed by the Clinton Corn Processing Company. An early version of HFCS was introduced to American consumers via Iowa's Clinton Corn Processing Company which obtained an exclusive license in 1975 to produce HFCS as a sweetener. It quickly became the preferred alternative to sucrose because of its much lower production costs.
HFCSs utilized as artificial sweeteners in various foods and sodas have been found to increase appetite and have been identified as greatly contributing to obesity, Type 2 diabetes, insulin resistance, high triglycerides, inflammation, non-alcoholic fatty liver disease, and dyslipidemia, an abnormal level of cholesterol and other fats in the blood that can lead to cardiovascular diseases.
Congresswoman Luna's legislative initiatives underscore the urgent need to tackle the widespread use of synthetic additives in food, placing consumer health and safety at the forefront. By implementing rigorous regulatory frameworks and enhancing transparency, the Do or Dye Act and Stop Spoonfuls of Fake Sugar Act seek to reduce the negative health effects of artificial additives, fostering a healthier food landscape that benefits all Americans. As of the writing of this piece, H.R. 8687 and H.R. 8688 have both been sent to the House Committee on Energy and Commerce by the House of Representatives.
Generally I am Against Government overreach. In this case I might be for it. Poisons being slipped in without our knowing shouldn’t be allowed.
Wise consumers have been label readers for years. It’s about time that big food is held accountable for these poisons. Now do SOY, CANOLA, SAFFLOWER, COTTONSEED and other toxic seeds oils that are in virtually everything including bread. The reality is, carefully shop the outer edges of the grocery store if you can’t grow or raise your own vegetables, meats, eggs, cheeses.