California Takes a Bold Step: Statewide Ban on Harmful Food Additives

In a groundbreaking move, California is on the brink of becoming the first state in the United States to outlaw the use of four potentially harmful chemicals in processed foods. The California State Legislature recently passed Assembly Bill 418, which targets the elimination of brominated vegetable oil, potassium bromate, propylparaben, and Red No. 3 dye in food products sold within the state. This transformative legislation, set to take effect on January 1, 2027, now awaits the signature of Governor Gavin Newsom, who holds the power to turn it into law or veto it.

“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,” the author of the bill, Assembly member Jesse Gabriel, says in a statement.

The four targeted chemicals have already faced bans in the European Union and many other countries due to well-documented concerns about their detrimental effects on human health. These health concerns include links to cancer, reproductive issues, and behavioral and developmental problems, especially in children.

Assemblymember Jesse Gabriel, the bill's author, underscores that the legislation will not ban any specific foods or products. Instead, it mandates that food companies make modest adjustments to their recipes by substituting these chemicals with alternatives already in use in Europe and numerous other regions around the world.

An earlier version of the bill initially aimed to prohibit titanium dioxide, a common color additive in food. However, in the final iteration of the legislation, titanium dioxide was excluded to ensure broader support. Notably, the European Union prohibits the use of titanium dioxide due to concerns about its potential to damage DNA. This contentious additive made headlines when a California resident filed a lawsuit against Mars, the maker of Skittles, arguing that the candy was unsafe for human consumption because of its titanium dioxide content. The US Food and Drug Administration (FDA) still considers titanium dioxide safe for use as a food color additive.

For years, the FDA has predominantly focused on addressing microbial pathogens in food, placing concerns related to harmful colors, preservatives, and other additives on the back burner. However, mounting pressure from advocacy groups and lawmakers is now driving a significant shift in this approach.

The FDA recently unveiled plans to overhaul its management of chemical risks associated with food and introduced its first deputy commissioner for human foods, Jim Jones, who will assume oversight of the Human Foods Program. Jim Jones previously served as the head of the US Environmental Protection Agency's chemicals office during President Barack Obama's administration. However, the FDA's progress in this area is constrained by budget limitations and resource constraints.

Scott Faber, the Senior Vice President for Government Affairs at the Environmental Working Group (EWG), highlights the broken review process within the FDA. The EWG, alongside other consumer advocacy groups, played a pivotal role in building support for Assembly Bill 418. Faber emphasizes that, in the absence of federal leadership, it falls to states like California to take the initiative in protecting consumers from dangerous chemicals found in candies, cookies, and various other foods cherished by families. This legislation is a resounding call for prioritizing health and safety, not just in California but across the United States.

“The food and confectioners industries know the review process at the FDA is broken,” Scott Faber says in a statement. The EWG and other consumer advocacy groups helped build support for AB 418. “In the absence of federal leadership, it’s up to states like California to keep us safe from dangerous chemicals in candy, cookies and other foods our families enjoy,” Faber says.