Understanding the Divide Between American and European Food Regulations
The difference between what’s allowed in your food depends on where you live. While the European Union has established strict regulations on food additives through an E-number system, the United States permits many of the same additives that Europe has banned or restricted. This regulatory gap means that Americans are consuming ingredients that Europeans consider unsafe—often in the exact same branded products.
What Are E-Numbers?
E-numbers are a standardized coding system used across the European Union and EFTA countries to identify approved food additives. The “E” stands for “Europe,” and these codes provide quick identification of colors, preservatives, emulsifiers, thickeners, and flavor enhancers added to food products.
Key characteristics:
- All additives with E-numbers have undergone rigorous safety evaluation by the European Food Safety Authority (EFSA)
- E-numbers are assigned only after proof of safety for intended use
- All E-numbers must have clear technological justification for inclusion
- The EU adheres to the precautionary principle—additives must be proven safe before approval
How E-Numbers Are Organized
The E-number system categorizes additives by function:
| Range | Category |
|---|---|
| E100-E199 | Colors |
| E200-E299 | Preservatives |
| E300-E399 | Antioxidants and acidity regulators |
| E400-E499 | Thickeners, emulsifiers, and stabilizers |
| E500-E599 | pH regulators and anti-caking agents |
| E600-E699 | Flavor enhancers |
| E900-E999 | Glazing agents, gases, and sweeteners |
| E1000-E1999 | Additional miscellaneous additives |
The Regulatory Divide: EU vs. US Approach
The Precautionary Principle (EU)
The European Union uses a precautionary principle—manufacturers must prove an additive is safe before it can be approved for use. This means:
- Extensive pre-market testing is required
- If safety cannot be conclusively demonstrated, the additive is restricted or banned
- Ongoing reviews can lead to bans if new evidence emerges
- The burden of proof lies with industry
The Approval-First Model (US)
The United States FDA takes a different approach: additives are allowed unless and until they are proven harmful. Complicating this:
- Many additives approved before 1958 are considered “grandfather” substances—exempt from current safety review
- The FDA may require extensive post-market evidence of harm before removing an additive
- Voluntary company removal is sometimes accepted instead of mandatory bans
- The burden of proof lies with regulators
Major Food Additives Banned in the EU but Legal in the US
Titanium Dioxide (E171)
Status: Banned in EU since February 2022 | Still legal in US
Common uses: Whitening agent in candies, pastries, biscuits, cheese, and sauces
Health concerns:
- May cause DNA damage or chromosomal damage
- Genotoxic effects demonstrated in safety reviews
- Linked to potential inflammation
- The EFSA concluded it “can no longer be considered safe” for use as a food additive
Products affected: Many US brands of candies and baked goods, including popular children’s foods, still contain this ingredient while EU versions are reformulated
Potassium Bromate
Status: Banned in EU, UK, Canada | Still legal in US
Common uses: Dough conditioner in bread, rolls, buns, pastry dough, and pizza dough
Health concerns:
- Classified as a possible human carcinogen by the International Agency for Research on Cancer
- Breaks down into bromide, which accumulates in the body
- May increase cancer risk
Why it remains in US products: The FDA approved potassium bromate before the 1958 Delaney Amendment (which prohibits carcinogenic additives), so it’s exempt from current regulations. Many restaurant chains have voluntarily removed it due to consumer pressure.
Azodicarbonamide (ADA)
Status: Banned in EU | Still legal in US
Common uses: Dough conditioner and whitening agent in bread, baked goods, and chain restaurant buns
Health concerns:
- Breaks down during baking into semicarbazide
- Semicarbazide linked to increased cancer risk in animal studies
- Linked to asthma and allergies
Notable action: Subway famously removed ADA from its bread in 2014 after consumer petitions, demonstrating that industry reformulation is possible.
Brominated Vegetable Oil (BVO)
Status: Banned in EU | Restricted but not fully banned in US (mostly phased out)
Common uses: Stabilizer in citrus-flavored soft drinks and sports drinks
Health concerns:
- Contains bromine, the same element in flame retardants
- Can accumulate in body tissues
- Studies suggest potential for memory loss, skin problems, and nerve damage
- FDA still maintains it’s safe in limited amounts, but the industry has largely abandoned it
BHA (Butylated Hydroxyanisole) and BHT (Butylated Hydroxytoluene)
Status: Severely restricted in EU | Still widely used in US
Common uses: Preservatives and antioxidants in cereals, baked goods, and processed foods
Health concerns:
Artificial Food Dyes: Yellow No. 5 (Tartrazine) and Yellow No. 6
Status: Restricted in EU (with warning labels) | Commonly used in US
Common uses: Food coloring in snacks, cereals, beverages, candies
Health concerns:
- Linked to hyperactivity and behavioral problems in children
- May trigger allergic reactions
- EU requires warning labels on products containing these dyes; US does not
- California has proposed bans on several artificial dyes
Examples: Popular snacks are reformulated in Europe to remove these dyes but still contain them in US versions
Propylparaben
Status: Banned in EU since 2006 | Still legal in US
Common uses: Preservative in baked goods and processed foods
Health concerns:
- Potential endocrine disruptor
- May interfere with hormone regulation
- Linked to reproductive and developmental issues
Olestra (Olean)
Status: Banned in EU | Approved in US
Common uses: Fat substitute in potato chips and snack foods
Health concerns:
- Can reduce absorption of fat-soluble vitamins (A, D, E, K)
- Associated with digestive complaints
- Never gained significant market presence
Why Does This Difference Exist?
Historical Factors
The US food safety system was built on the 1958 Food Additives Amendment, which included a “grandfather clause” exempting additives already in use. Many substances approved decades ago remain in use despite modern safety concerns. The EU, developing its system later, was able to implement stricter standards from the beginning.
Regulatory Philosophy
- EU: Assumes additives are harmful until proven safe (precautionary)
- US: Assumes additives are safe unless proven harmful (permissive)
Economic Interests
Large food manufacturers benefit from the US system’s leniency, which allows continued use of cheaper additives. Reformulating products costs money, so companies often maintain different formulations for different markets.
The Impact on Consumers
What Americans Are Consuming
The average American consumes far more synthetic food additives than Europeans, primarily due to greater use of processed foods and less restrictive regulations. Some studies suggest that the cumulative effect of these additives—many with questionable safety profiles—contributes to chronic disease risk.
Double Standards in Branding
Many major food companies maintain two product formulations:
- European version: Uses approved, safer alternatives
- US version: Contains banned or restricted additives
This proves that alternatives exist but aren’t mandatory in the US market.
Recent Regulatory Changes
EU Bans and Restrictions
The EU continues to update its approved additive list based on emerging evidence:
- Titanium Dioxide (E171): Banned February 2022
- Azo dyes: Subject to warning labels and ongoing review
- Artificial sweeteners: Aspartame (E951), Acesulfame K (E950), and Sucralose (E955) under further EFSA review
US Reform Efforts
As of 2025, there’s renewed momentum for US reform:
- Kennedy administration proposing bans on synthetic dyes
- California legislation targeting multiple additives
- Companies voluntarily removing banned ingredients from school meals
- Growing consumer demand for transparent, safer formulations
What You Can Do
Read Labels Carefully
- Check ingredient lists for the additives mentioned above
- Look for products reformulated for the US market that mention “no artificial colors” or similar
- Compare labels of imported products to their US counterparts
Choose Alternatives
- Buy products labeled as “naturally colored” or “organic”
- Select European-made versions of products when possible
- Support brands that commit to removing questionable additives
Stay Informed
- Follow food safety news and regulatory updates
- Understand which countries have stricter standards
- Recognize that “FDA approved” doesn’t always mean “safe”
Advocate for Change
- Support regulatory reform efforts
- Choose companies that reformulate for safety
- Contact representatives about food safety standards