Bill Title: The Ban on Harmful Food Additives Act of 2025
Section 1. Short Title
This Act may be cited as the “Ban on Harmful Food Additives Act of 2025.”
Section 2. Findings and Purpose
(a) Findings
Congress finds the following:
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Butylated HydroxyToluene (BHT), Butylated HydroxyAnisole (BHA), and Tert-Butylhydroquinone (TBHQ) are synthetic antioxidants commonly used in processed foods to preserve freshness, color, and extend shelf life. However, these chemicals have been identified by multiple scientific studies as potentially harmful to human health.
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The consumption of BHT, BHA, and TBHQ has been linked to adverse health outcomes, including endocrine disruption, organ damage, mood disorders in children, and potential carcinogenic effects.
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Evidence suggests that these additives may interfere with the body’s hormonal systems, leading to potential developmental issues, reproductive harm, and other long-term health risks.
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There is concern that food companies may use alternative names or chemical derivatives of BHT, BHA, and TBHQ to mislead consumers into unknowingly ingesting these harmful additives.
(b) Purpose
The purpose of this Act is to protect public health by banning the use of BHT, BHA, and TBHQ in all processed food products sold within the United States and to ensure transparency and truth in food labeling by prosecuting any attempts to deceive consumers through alternative naming practices.
Section 3. Definitions
For the purposes of this Act:
(a) “BHT” means butylated hydroxytoluene, a synthetic antioxidant used as a preservative.
(b) “BHA” means butylated hydroxyanisole, a synthetic antioxidant used as a preservative.
(c) “TBHQ” means tert-butylhydroquinone, a synthetic antioxidant used as a preservative.
(d) “Processed food” refers to any food product that has been altered from its original form through the use of preservatives, colorings, flavorings, or other chemical additives during manufacturing, packaging, or distribution.
(e) “Endocrine Disruption” refers to chemicals that interfere with the normal functioning of the endocrine system, potentially leading to health problems such as infertility, developmental disorders, and hormonal imbalances.
(f) “Carcinogenic” refers to substances that are capable of causing cancer in living tissue.
Section 4. Prohibition on BHT, BHA, and TBHQ in Processed Food
(a) Prohibited Additives
Effective six (6) months from the enactment of this Act, no person, entity, or corporation shall manufacture, distribute, or sell any processed food product within the United States that contains any of the following substances:
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Butylated HydroxyToluene (BHT)
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Butylated HydroxyAnisole (BHA)
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Tert-Butylhydroquinone (TBHQ)
(b) Exemptions
This prohibition does not apply to products that are minimally processed or unaltered foods such as fresh produce, meat, or dairy products that are not subject to preservatives or additives.
Section 5. Health Implications
(a) Endocrine Disruption and Organ Damage
Scientific studies have linked BHT, BHA, and TBHQ to endocrine-disrupting properties, especially when consumed over extended periods. These chemicals can mimic or block hormones in the human body, leading to alterations in thyroid function, reproductive issues, and developmental disorders in both adults and children.
(b) Impact on Children’s Health and Mood
There is growing evidence that BHT, BHA, and TBHQ may have a negative impact on children’s health, particularly their behavior and mood. These chemicals have been shown to contribute to hyperactivity, anxiety, and other mood disorders, potentially exacerbating conditions such as Attention Deficit Hyperactivity Disorder (ADHD).
(c) Carcinogenic Potential
Research conducted by organizations such as the International Agency for Research on Cancer (IARC) suggests that BHA and TBHQ may be carcinogenic to humans, contributing to an increased risk of cancer with long-term exposure. BHT, while not yet classified as a human carcinogen, has shown potential in animal studies to cause cancer at high doses.
Section 6. Labeling Transparency and Consumer Protection
(a) Deceptive Labeling Practices
It is unlawful for any manufacturer or distributor of processed foods to list BHT, BHA, or TBHQ under any alternative or misleading names, including but not limited to “antioxidants” or “preservatives.”
(b) Penalties for Deceptive Labeling
Any food company found in violation of this provision shall be subject to the following penalties:
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A fine of up to $1,000,000 per violation, depending on the severity of the offense.
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A mandatory recall of affected products.
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Public disclosure of the violations, including a statement of non-compliance on the company’s website and in the media.
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Possible criminal charges for executives of companies engaged in intentional deceptive practices, leading to up to five (5) years of imprisonment and/or a fine of up to $5,000,000.
Section 7. Enforcement and Prosecution
(a) Enforcement
The United States Food and Drug Administration (FDA) shall be responsible for enforcing the provisions of this Act, including overseeing testing of food products, inspecting food labeling, and ensuring compliance with the ban on BHT, BHA, and TBHQ.
(b) Inspection and Penalties
The FDA will establish a program to inspect food production facilities and review ingredient lists to ensure that food products do not contain BHT, BHA, or TBHQ. Violations of this Act will be subject to the enforcement provisions outlined in Section 6(b).
(c) Prosecution
The Department of Justice (DOJ) shall be responsible for prosecuting criminal offenses under this Act, with the potential for both civil and criminal penalties as specified.
Section 8. Public Education Campaign
(a) The FDA will launch a public education campaign to raise awareness about the health risks associated with BHT, BHA, and TBHQ, including information on which foods commonly contain these chemicals and how consumers can avoid them.
Section 9. Effective Date
This Act shall take effect six months after the date of its enactment.
This bill seeks to protect public health by eliminating harmful preservatives from processed foods and ensuring that consumers are not misled by deceptive practices. By implementing a clear ban on BHT, BHA, and TBHQ and establishing penalties for violations, it aims to reduce the health risks associated with these chemicals while promoting safer, more transparent food products for the American public.