California Governor Gavin Newsom recently signed a groundbreaking law, known as the California Food Safety Act or Assembly Bill 418, which bans several potentially harmful food additives, including red dye No. 3, potassium bromates, brominated vegetable oil, and propylparaben in consumer goods.
This law makes California the first state in the United States to prohibit the use of these ingredients in a wide range of popular candies, beverages, and other food products. The legislation, introduced by Assemblymembers Jesse Gabriel and Buffy Wicks in February, is aimed at enhancing food safety and protecting the health of consumers.
Red dye No. 3, also known as FD&C Red #3, is an artificial food coloring commonly used in various products, including sweets like Skittles, Nerds, and Trolli gummies, as well as protein shakes, instant rice and potato products, and boxed cake mixes.
Potassium bromate is an additive found in baked goods to improve dough strength and promote better rising. Brominated vegetable oil is used in some beverages to emulsify citrus flavorings and prevent separation. Propylparabens are employed as antimicrobial agents for food preservation.
Governor Newsom’s action aligns the United States somewhat closer to the food safety standards of the European Union (EU), where these additives have already been banned. The decision to ban these chemicals in the EU was based on scientific studies demonstrating significant public health risks, including an increased risk of cancer, behavioral issues in children, harm to the reproductive system, and damage to the immune system.
In his letter addressing the legislation, Governor Newsom referenced the availability of Skittles in the European Union as evidence that the food industry can maintain product lines while complying with different public health laws. This new California law represents a positive step forward until the United States Food and Drug Administration (FDA) conducts a comprehensive review and establishes updated national safety levels for these additives.
The FDA, responsible for regulating food safety in the United States, continually reviews the safety of food ingredients as new data becomes available. A spokesperson for the FDA stated that they are working on a proposed rule to amend regulations to remove the authorization of the use of brominated vegetable oil as a food ingredient based on their review of new data.
However, the use of these chemicals in the United States is currently permitted due to a loophole in the FDA’s Federal Food, Drug, and Cosmetic Act known as the Generally Recognized as Safe (GRAS) rule, which allows manufacturers to use ingredients in a manner or amount previously deemed safe by the FDA. This has led to varying standards of food safety across jurisdictions worldwide.
The California Food Safety Act, while signed into law, won’t be fully implemented until 2027. This extended timeline gives food brands ample time to revise their recipes and eliminate these potentially harmful chemicals from their products. Governor Newsom emphasized that Californians will still have access to their favorite food products, but with greater confidence in their safety.
Reference
CNN, “California becomes first US state to ban 4 potentially harmful chemicals in food” Red dye No. 3: California governor signs bill banning it | CNN.
