20 sassafras oil,
22 and sulfite preservatives used on fresh
fruits and vegetables.
23 Some products, like the artificial sweetener saccharin, are banned temporarily and later reauthorized for commercial use.24
More recently, state and local governments have tried unsuccessfully to ban
genetically modified foods25 and sugared sodas served in large containers.
Wright, Phusion Projects Inc. (Nov. 17, 2010), available at
19. While energy drinks are not completely banned, local authorities are prohibiting
them for certain consumers and events. For example, the Virginia High School League
banned student athletes from consuming energy drinks at athletic events, including practice.
Michael Dowing, Virginia High School League Bans Energy Drinks, CLARKE DAILY NEWS,
Sept. 28, 2010, http://www.clarkedailynews.com/virginia-high-school-league-bans-energy-drinks/. Officials in Manatee County, Florida recently decided to prohibit students from consuming energy drinks before, during, and after school. Christopher O’Donnell, Energy
Drinks Banned from Manatee Schools, HERALD-TRIBUNE, July 23, 2012, http://www.
20. The ban on food coloring dyes contributed to the ten-year absence of red M&Ms.
Remy Melina, Why Were Red M&M’s Discontinued for a Decade?, LIVE SCI. (Feb. 10,
html. FDA also prohibits or restricts several other food coloring dyes. Food & Drug Admin.,
Color Additive Status List (Dec. 2009), http://www.fda.gov/forindustry/coloradditives/ col-oradditiveinventories/ ucm106626.htm.
21. FDA banned safrole in 1960. Refusal to Extent Effective Date of Statute for Certain
Specified Food Additives, 25 Fed. Reg. 12,412, 12,412 (Dec. 3, 1960) (codified at 21 C.F.R.
pt. 121); see also 21 C.F.R. § 189.180(b) (West, WestlawNext through May 15, 2014; 79
Fed. Reg. 27,771) (“Food containing any added safrole, oil of sassafras, isosafrole, or dihy-drosafrole, as such, or food containing any safrole, oil of sassafras, isosafrole, or dihy-drosafrole, e.g., sassafras bark, which is intended solely or primarily as a vehicle for imparting such substances to another food, e.g., sassafras tea, is deemed to be adulterated.”).
22. Cyclamate is used as an artificial sweetener in fifty-five countries, but it is banned
in the U.S. See Claire Suddath, Are Artificial Sweeteners Really That Bad for You?, TIME
(Oct. 20, 2009), http://content.time.com/time/health/article/0,8599,1931116,00.html.
23. FDA banned the use of sulfite preservatives in fresh vegetables and fruits after linking thirteen deaths and many illnesses to the substance, mainly among asthmatics. Irvin
Molotsky, U.S. Issues Bans on Sulfites’ Use in Certain Foods, N.Y. TIMES, July 9, 1986, at
24. William B. Schultz, The Bitter Aftertaste of Saccharin, 40 FOOD DRUG COSM. L.J.
66, 66-68, 72-74 (1985).
25. Mendocino County, California successfully banned the sale, distribution, or cultivation of GMO products. E.g. Vickie Horner, Arcata California Votes to Ban GE Crops and
Seeds Within City Limits, NW.RE SISTANCE AGAINST GENETIC ENG’G, http://www
. nwrage.org/content/arcata-california-votes-ban-ge-crops-and-seeds-within-city-limits (last
visited May 22, 2014). Several GMO product bans have failed, however. In absence of gov-ernmentally-imposed bans, some manufacturers voluntarily have proposed bans of GM
foods, including General Mills, the maker of Cheerios. Annie Gasparro, General Mills Starts
Making Some Cheerios without GMOs, WALL ST. J, Jan. 2, 2014, http://online.wsj.
26. Michael Grynbaum, New York Soda Ban to Go Before State’s Top Court, N.Y.
TIMES, Oct. 17, 2013, at A23.