Confusion or crucial? Mixed reactions to California law banning red dye No.3 and other food additives

09 Oct 2023 --- California has become the first state in the US to ban chemicals, including red dye No. 3, potassium bromate, brominated vegetable oil and propylparaben, because of their potential link to health issues like cancer and behavioral problems in children. But not everyone agrees, with the National Confectioners Association (NCA) claiming the law will undermine consumer confidence and create confusion.

Governor Gavin Newsom signed AB 418 over the weekend, but the law won’t take effect until 2027, which Newsom believes should give companies plenty of time to adapt to the rules.

Reformulation is expected to be carried out well ahead of 2027. 

The move — which has major consequences for candies and other processed foods — is being marked as a major milestone across the industry but poses the question of how F&B companies will make reformulation changes. 

The bill marks the first time a US state has banned food additives permitted by the Food and Drug Administration (FDA), as previously reported by Food Ingredients First. 

Red dye No. 3 has been linked to cancer and behavioral problems in children.The targeted chemicals have been linked to cancer, reproductive issues and behavioral and developmental problems in children. They can be found in some brands of orange soda, icing, hamburger rolls, candies and other processed foods.

The move will see red dye No. 3 being banned as food coloring for products such as Peeps, a marshmallow-based product. 

Just Born Inc., the company that creates Peeps, is said to be looking for other dye options for its confectionery products.

Pushback 
But, the NCA provided a statement appearing to fight back at the decision.

“They’re making decisions based on soundbites rather than science. 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 evaluating the safety of food ingredients and additives,” it reads. 

A huge step forward
Initially introduced in March 2023 by Assemblymember Jesse Gabriel, the bill aims to “correct a concerning lack of federal oversight” due to “loopholes” in FDA processes. 

When he introduced the bill, Gabriel wanted to address the FDA’s process of determining food additives as Generally Recognized as Safe (GRAS), which he said provides “almost no meaningful federal oversight.” 

FDA responded with a statement specifying that each of the substances targeted by AB 418 have undergone review by the FDA, as required by the Federal Food, Drug, and Cosmetics Act.

“The Governor’s signature represents a huge step forward in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply,” Gabriel said in a statement over the weekend.

Move deemed a “victory”
Ken Cook, EWG president, says he applauds Newsom for signing this “landmark bill and putting the health of Californians before the interests of industry.”

“This is a milestone in food safety and California is once again leading the nation,” remarks Cook. 

“California is creating a healthier market for consumers,” he says. The law also bans brominated vegetable oil, used in some store-brand sodas, and potassium bromate and propylparaben, two chemicals used in baked goods.

This law may affect food nationwide, not just in California, so all Americans will likely benefit from the ban. Given the size of the state’s economy, it is unlikely manufacturers will produce two versions of their product — one to be sold solely in California and one for the rest of the country. As many as 12,000 products may be affected, based on EWG’s Food Scores database.

“These toxic chemicals have no place in our food,” added Susan Little, EWG’s senior advocate for California government affairs. “Manufacturers in Europe are producing the same food products without these harmful chemicals, so there’s no reason we can’t do the same.

“We’re grateful to Newsom for taking this step toward giving children in California access to the same quality of food as kids in Europe,” she added.

Other ingredients banned by the law
The law also bans brominated vegetable oil, used in some store-brand sodas, and potassium bromate and propylparaben, two chemicals used in baked goods.

Companies use these chemicals to make food products more visually appealing and extend their shelf life.

Newsom said in a signing statement that the additives addressed in the bill are already banned in several other countries. All four chemicals are already banned in foods in the EU.

“Signing this into law is a step forward on these four food additives until the FDA reviews and establishes national updated safety levels for these additives,” Newsom said in a statement.

By Elizabeth Green