Home › Ingredients › Phosphates (E338–E341)
Are phosphates (E338–E341) safe?
- EFSA (2019): set a group safe daily limit — and found infants, toddlers and children already exceed it at average consumption
- WHO/JECFA: its ceiling is nearly double EFSA's — and it says even that may be overly cautious
- US, India: permitted; the FDA sets no numerical daily limit at all
- LabelCop: flags E338, E339 and E341 as high-risk — strictest regulator wins
What are phosphate additives?
- Salts and acids of phosphorus — an essential nutrient your body genuinely needs
- Jobs in food: sharp tang in colas, melting texture in processed cheese, moisture-holding in meats, raising agents in baking, anti-caking in powders
- Label names: phosphoric acid (E338 / INS 338), sodium phosphates (E339), potassium phosphates (E340), calcium phosphates (E341)
- The catch: phosphorus bound naturally in food is only partly absorbed — EFSA notes added phosphates are more readily absorbed
Which foods contain them?
- Colas and some flavoured drinks — the sharp taste is phosphoric acid (E338)
- Processed cheese, cheese spreads and cheese slices
- Processed and reconstituted meats — sausages, nuggets, restructured ham
- Baking powder, self-raising flour and instant batters
- Instant noodles, powdered drink mixes, dessert and custard powders
- In India: most visible in colas ("acidity regulator 338" or INS 338), cheese spreads and instant mixes — the INS number is usually printed in brackets
What the regulators actually say
| Regulator | Status | Reasoning |
|---|---|---|
| EFSA / European Union | Permitted — safe limit already exceeded by children | EFSA's 2019 re-evaluation set a group safe daily limit (40 mg per kg of body weight per day, as phosphorus, covering E338–341, E343 and E450–452) — and found infants, toddlers and children already exceed it at average consumption, with adolescents exceeding it at high consumption. EFSA also stated the limit does not apply to people with moderate to severe reduction in kidney function — around 1 in 10 people. |
| FDA (United States) | Permitted (GRAS) | Phosphoric acid and common phosphate salts are affirmed as "generally recognised as safe", with no numerical daily limit — use is governed by good manufacturing practice. |
| FSSAI (India) | Permitted within limits | Phosphoric acid (INS 338) and phosphate salts are permitted as acidity regulators and stabilisers in specified categories — including carbonated beverages and processed cheese — within prescribed maximum levels. |
| WHO / JECFA | Safe ceiling of 70 mg/kg — nearly double EFSA's | The joint FAO/WHO expert committee set a maximum tolerable daily intake of 70 mg per kg of body weight (as phosphorus) covering all phosphorus — natural plus added. Its 2012 review found no reason to lower it and noted the figure may even be overly conservative. |
| UK, Canada, Australia | Permitted | Phosphate additives remain permitted within limits under these regulators' additive frameworks; none has taken action against them. |
Why do regulators disagree?
- The dispute is about the limit, not legality. Nobody has banned phosphates — but EFSA's safe daily figure (40 mg/kg as phosphorus) is nearly half the WHO's (70 mg/kg)
- EFSA (2019): based its limit on modern intake data — and found children in Europe already exceed it from ordinary diets rich in processed foods
- WHO/JECFA: kept its higher ceiling, noting the animal-study basis for concern may not even be relevant to humans
- The kidney gap: EFSA says its limit does not protect people with moderate to severe reduction in kidney function — around 1 in 10 people
- The heart signal: a large French study in the BMJ (2023), following 95,000 adults, found people who consumed more trisodium phosphate (E339) had a higher rate of heart disease — an observed association, not proof of cause
- Both limits are honest readings of the same evidence — we show you the disagreement instead of quietly picking a side
- Phosphoric acid (E338), sodium phosphates (E339) and calcium phosphates (E341) are high-risk flags in LabelCop
- Why: EFSA set a safe daily limit that infants, toddlers and children already exceed; the limit does not protect the roughly 1 in 10 people with reduced kidney function; E338's acidity can also wear away tooth enamel
- Rule: strictest regulator wins — EFSA's tighter limit and exceedance finding set the flag, even where phosphates are freely permitted
- The product's score takes a penalty — and you see the flag, the reason and the sources. No black box
Frequently asked questions
Are phosphates banned anywhere?
No. E338–E341 are permitted within limits in the EU, US, UK and India, and the WHO's expert committee sets a tolerable daily ceiling. The debate is about intake: EFSA found children already exceed its safe daily limit at average consumption.
Why is phosphoric acid in cola?
It gives colas their sharp, tangy bite and keeps the drink acidic. That same acidity is why frequent cola drinking can wear away tooth enamel. Look for phosphoric acid, E338, INS 338 or "acidity regulator 338" on the label.
Are phosphate additives bad for your kidneys?
Within the set limits, regulators consider them safe for most healthy people. But EFSA stated its safe daily limit does not apply to people with moderate to severe reduction in kidney function — around 1 in 10 people. If you have kidney disease, discuss phosphate intake with your doctor or dietitian.
Is the phosphorus in dairy and nuts the same thing?
Chemically related, practically different. Natural phosphorus in dairy, meat, nuts and grains is partly bound in forms the body only partially absorbs; EFSA notes added phosphates are more readily absorbed. It's the additive intake on top of a normal diet that pushed children over EFSA's limit.
How do I avoid phosphate additives?
Check ingredients lists for phosphoric acid, E338–E341 or INS 338–341 — most common in colas, processed cheese, processed meats and instant mixes. LabelCop flags them automatically on any label you scan, with the regulator reasoning shown.
LabelCop reads any food label you photograph and flags additives like E338 instantly — no barcode needed.
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EFSA (2019): re-evaluation of phosphoric acid–phosphates (E338–341, E343, E450–452) — group ADI and exposure exceedance · FDA / 21 CFR Part 184: substances affirmed as GRAS (incl. phosphate salts) · WHO/JECFA: phosphoric acid — MTDI 70 mg/kg bw (as phosphorus) · FSSAI: Food Safety and Standards regulations — permitted additives · Sellem et al., BMJ (2023): food additives and cardiovascular disease risk — NutriNet-Santé cohort
Related ingredients: Citric acid (E330) · Caramel colour (E150a–d) · Emulsifiers (E471, E466, E433) · Aluminium additives (E520–523, E541)
This article explains regulatory status and published scientific assessments in plain English. It is not medical advice.