The US FDA has revoked authorization for using brominated vegetable oil in beverages after an updated assessment finds the chemical has the “potential for adverse health effects in humans.” The new ruling will come into force on August 2, 2024, after decades of what some believe has been “inaction” on BVO.

BVO — a vegetable oil that is modified with bromine and has been used as a food ingredient since the 1920s — can be used as a stabilizer in citrus-flavored beverages, particularly to keep the citrus flavoring from floating to the top. It is also found in some sodas.

The FDA previously authorized its use in small amounts of 15 parts per million or lower. But a new ruling by the agency highlights how the FDA no longer allows for the use of BVO in food with the agency revoking its food additive regulation on July 3.

“The agency concluded that the intended use of BVO in food is no longer considered safe after the results of nclick="updateothersitehits('Articlepage','External','OtherSitelink','FDA bans brominated vegetable oil in beverages amid potential health concerns','FDA bans brominated vegetable oil in beverages amid potential health concerns','341855','https://www.sciencedirect.com/science/article/abs/pii/S0278691522003350', 'article','FDA bans brominated vegetable oil in beverages amid potential health concerns');return no_reload();">studies conducted in collaboration with the National Institutes of Health (NIH) found the potential for adverse health effects in humans,” reads an FDA statement.

“The FDA took this action consistent with our regulatory authority over ingredients added to food, which includes reassessing previously evaluated food ingredients and addressing safety concerns.”

Health concerns include potential harm to the nervous system. BVO can also build up in the body and research shows a connection between large amounts of BVO-containing soda ingested over a long period of time and problems such as headaches, irritation of the skin and mucous membranes, fatigue and loss of muscle coordination and memory.

Timeline of action
Although the new rule becomes effective in just a few weeks, industry has one more year to comply. This will mean further reformulation among some brands as well as relabeling.

BVO use in beverages has been in the spotlight for some time and many beverage makers have already reformulated their products to replac BVO with an alternative ingredient.

PepsiCo confirmed in early 2020 that none of its products contain the chemical following a formulation overhaul. Coca-Cola removed BVO from all its drinks by the end of 2014 and recently confirmed it is no longer in their beverages.

FDA ruling aligns with California legislation
When it was used, BVO was required to be listed as an ingredient on the label as “brominated vegetable oil” or as the specific oil that has been brominated, such as “brominated soybean oil.”

Some US states have already made regulatory moves with regards to BVO. In October 2023, California enacted the California Food Safety Act, the first law in the country to ban BVO from food manufactured, distributed or sold in the state.

Banning the controversial additives nclick="updateothersitehits('Articlepage','External','OtherSitelink','FDA bans brominated vegetable oil in beverages amid potential health concerns','FDA bans brominated vegetable oil in beverages amid potential health concerns','341855','https://www.foodingredientsfirst.com/news/patchwork-food-additive-bans-undermine-us-food-safety-regulation-warns-nca.html', 'article','FDA bans brominated vegetable oil in beverages amid potential health concerns');return no_reload();">red dye No. 3, potassium bromate and propylparaben was also part of the California legislation.

“Victory for public health”
The FDA’s action this week is a significant step toward protecting public health, given studies that show BVO’s harmful effects on the nervous system, according to Scott Faber, senior vice president of government affairs at the Environmental Working Group .

“The FDA’s decision to ban brominated vegetable oil in food is a victory for public health. But it’s disgraceful that it took decades of regulatory inaction to protect consumers from this dangerous chemical.”

“It’s outrageous that for years, Americans have been consuming a chemical banned in Europe and Japan. The FDA’s belated action on BVO underscores the urgent need for more rigorous and timely oversight of food additives.”

Consumers should remain vigilant and carefully read ingredient labels to avoid BVO and other potentially harmful additives as products containing BVO may remain for sale on store shelves, he concludes.

BVO was also banned in the UK in 1970, followed by India in 1990, the EU in 2008 and Japan in 2010.