CA Bans Popular Candy, Soda And Cereal Additives

SACRAMENTO, CA — California will become the first state to ban four chemicals used in cereal, candy, soda and other processed foods after the governor signed the proposal into law on Saturday.

The California Food Safety Act prohibits the sale and manufacturing of food containing Red Dye No. 3, brominated vegetable oil, potassium bromate and propylparaben. It will take effect in 2027 to allow brands time to bring their recipes into compliance.

“Californians trust that the food products they consume are safe,” Gov. Gavin Newsom said in a prepared statement. “The additives addressed in this bill are already banned in various other countries. Signing this into law is a positive step forward on these four food additives until the United States Food and Drug Administration (FDA) reviews and establishes national updated safety levels for these additives.”

The four additives have been widely banned by European regulators and are linked to health issues including increased cancer risk, according to the nonprofit Environmental Working Group, which cosponsored the bill with Consumer Reports. The chemicals prohibited by the law haven’t been reviewed by the FDA in several decades, if ever.

“It’s unacceptable that the U.S. is so far behind the rest of the world when it comes to food safety,” Assemblymember Jesse Gabriel, an Encino Democrat, said in a news release. “This bill will not ban any foods or products — it simply will require food companies to make minor modifications to their recipes and switch to the safer alternative ingredients that they already use in Europe and so many other places around the globe.”

Many major brands and manufacturers — including Coke, Pepsi, Gatorade, Dunkin', Papa John's and Panera — have already stopped using the additives in their products, according to Gabriel.

The National Confectioners Association on Sunday called the law “a slippery slope.”

“California is once again making decisions based on soundbites rather than science,” the organization said in a prepared statement.

“Governor Newsom’s approval of this bill will undermine consumer confidence and create confusion around food safety. This law replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs. This is a slippery slope that the FDA could prevent by engaging on this important topic. We should be relying on the scientific rigor of the FDA in terms of evaluating the safety of food ingredients and additives.”

An earlier version of the California bill included a ban on titanium dioxide, drawing criticism that the law would make Skittles and other popular candies that contain the ingredient illegal, according to Consumer Reports.

The ban may be felt nationwide, according to the Environmental Working Group, which noted the size of California’s economy could deter manufacturers from making multiple versions for U.S. distribution of up to 12,000 affected products.

In New York, a similar ban is working its way through legislative committee. Additionally, the Environmental Working Group has signed on to two petitions being considered by the FDA to revoke approval of Red Dye No. 3 and titanium dioxide in food.