U.S. to Ban Partially Hydrogenated Oils (PHOs) in Foods

On December 14, 2023, the U.S. Food and Drug Administration (FDA) issued Document 2023-27506, confirming that the effective date for the direct final rule revoking the use of partially hydrogenated oils (PHOs) in food is December 22, 2023, as no significant adverse comments were received during the comment period.

In the previous announcement, FDA found PHOs in food contain trans fatty acids. Therefore, FDA released the following direct final rules:

1. PHOs will no longer be an optional ingredient in the standards of identity for peanut butter and canned tuna;

2. Partially hydrogenated forms of menhaden and rapeseed oils will be excluded from GRAS;

3. Partially hydrogenated fish oil will not be used as an indirect edible substance;

4. The pre-1958 authorization allowing the use of PHOs in margarine, shortening, and bread, rolls, and buns will be revoked as well. This authorization predates the enactment of the Food Additives Amendment of 1958, making these uses of PHOs exempt from regulation as food additives.

ChemLinked recommends that, when adjusting food products containing PHOs so as to comply with the new rules, stakeholders need to pay attention to various factors, including altering formulations, relabeling, exploring alternative ingredients, and changes in product functionality and sensory attributes, such as taste, texture, and shelf life.