California has set a new precedent in food safety with Governor Gavin Newsom’s recent legislation, effectively banning red dye No. 3 and three other additives frequently seen on ingredient lists. The California Food Safety Act, or Assembly Bill 418, is a game-changer for not only Californians but potentially for all Americans, given the state’s economic influence.
Going Against the Sweet Grain
Assemblymembers Jesse Gabriel and Buffy Wicks laid the groundwork for the law last February, aiming to prohibit the manufacture, sale, or distribution of the additives. These are found in candy brands like Skittles, Nerds, and Trolli gummies as well as in other food and beverage items. The forbidden substances are red dye No. 3, potassium bromate, brominated vegetable oil, and propylparaben.
Governor Newsom contends that the law’s implementation will not have a negative impact on consumers. He cited the existence of Skittles in the EU market as an example, where the banned additives are already absent.
Health Concerns and Legal Loopholes
Governor Newsom emphasized the urgent need to address the potential health risks identified by several studies relating to these additives. They have demonstrated links to health issues such as cancer, child behavioral problems, reproductive system harm, and immune system damage.
Currently, the usage of these additives in the US has been protected under the FDA’s Federal Food, Drug and Cosmetic Act’s Generally Recognized as Safe (GRAS) rule.
Pushback and Potential Nationwide Impact
Some critics, including the National Confectioners Association, suggest the new law could undermine consumer trust and spark confusion around food safety. The group calls for the FDA to intervene and provide a national perspective.
The legislation will come into effect in 2027, providing sufficient time for food industry manufacturers to adjust their product recipes. It’s likely the new policy will extend benefits to consumers beyond California, as companies are expected to adopt uniform product lines rather than creating state-specific variants.
In the meantime, consumers can refer to the ingredients list on food labels in order to avoid the targeted additives.