Albany lawmakers fail to pass Food Safety and Chemical Disclosure Act, caving to Industry and failing families

Late last night, Albany lawmakers failed to pass the Food Safety and Chemical Disclosure Act (S1239E/A1556E), landmark legislation that would ban the use of several harmful food additives and mandate new transparency requirements for chemical use in food products sold in New York. In the face of lax federal regulation from the FDA, the bill would help address a decades-long loophole that allows food suppliers to sneak untested chemicals into their products and independently certify ingredients as “generally recognized as safe” (GRAS).

Jensen Jose, CSPI Regulatory Counsel at The Center for Science in the Public Interest issued the following statement in response: 

“In a sea of federal deregulation where children and families are ingesting hidden, harmful chemicals, Albany has the industry's talking points. It’s a devastating blow to science that eclipses our duty to protect community health — especially as FDA officials themselves confirm that they can’t verify the safety of the ingredients in our food. Now, regulators and consumers must continue to navigate a maze of unhealthy products without the information they need to guide their purchases. The Center for Science in the Public Interest will continue to fight for New Yorkers’ right to safe, nutritious food, alongside our coalition of dedicated community and health leaders. We commend our prime sponsors and the Senate for their work to advance the bill, and we urge the Assembly to prioritize the Food Safety and Chemical Disclosure Act as soon as session starts back up.” 

BACKGROUND:

The Food Safety and Chemical Disclosure Act (S1239E/A1556E): Ends the secrecy of a federal loophole that allows companies to self-designate their ingredients as “generally recognized as safe” or  GRAS without adequate FDA oversight. The bill restricts the use of three harmful additives in foods sold statewide and requires companies to disclose evidence confirming the safety of food chemicals that bypass the FDA’s safety review. By mandating transparency requirements for chemical use in foods and eliminating additives, the bill aims to improve health outcomes and protect New York consumers from health harms like cancer and developmental delays. 

Why Food Safety Regulation Is Urgent: 

• Dangers in the Nation’s Food Supply: Americans are regularly exposed to food chemicals that have been banned throughout the European Union, Canada, China, and other countries due to known health risks. Additives like Red No. 3, potassium bromate, and propylbaren have been linked to cancer, hormone disruption, and other serious conditions – yet they remain legal and widely used in the United States.
• Federal Inaction: While the U.S. Department of Health and Human Services and the FDA recently announced plans to voluntarily phase out petroleum-based synthetic dyes, the measure falls short of a formal ban and relies entirely on industry cooperation. According to a 2024 American Journal of Public Health analysis, the FDA rarely re-evaluates or revokes GRAS status, even as new research raises concerns about the safety of long-approved chemicals. Simultaneously, the FDA’s food safety program has been severely weakened by ongoing layoffs and structural reforms, limiting its ability to inspect, regulate, or enforce food safety standards.
• Chronic Disease Risk: With rates of cancer, developmental disorders, and hormone-related illnesses on the rise, public health experts have warned that continued exposure to toxic food additives could further exacerbate health inequities and drive long-term costs to the healthcare system. The Food Safety and Chemical Disclosure Act offers New York an opportunity to lead in protecting its residents — especially children — from preventable harm. 

Contact Info:  Becky Stern, 516-581-5707