California lawmakers are closer than ever to ban common food additives in snacks and chews that have been linked to cancer and memory loss.
The first bill passed this week with an overwhelming majority in the state House, removing one of three major hurdles before it becomes law.
The law bans the use of five chemicals, dyes and additives in packaged foods that have been linked to various cancers, fertility problems and neurological problems.
Bill must pass the state Senate before reaching Governor Gavin Newsom’s desk, which is expected to happen in the coming weeks, though the exact timeline is unclear.
If passed, the bill will force companies using risky additives to either change ingredients by the January 2025 deadline or ban their products from the market.
Popular candies such as mints, candy pumpkins, candy corn, Pez, Dubble Bubble, and Hot Tamales all contain Red 3, a dye linked to cancer and banned for use in cosmetics
The bill targets the sale of foods containing high-risk chemicals, including red dye No. 3, titanium dioxide, potassium bromate, brominated vegetable oil or propyl paraben.
The bill’s lead sponsor has defended itself against allegations that it would amount to a ban on skittles and other popular sweets, saying manufacturers would have more than a year to make the necessary changes.
The bill has been praised by watchdog groups, but there is fierce opposition from the multibillion-dollar packaged food industry, which says the first ban of its kind circumvents Food and Drug Administration (FDA) authority.
Rep. Jesse Gabriel, a Democrat, said, “There is no realistic chance that this bill will result in Skittles or any other product being taken off the shelf. The idea here is that these companies make small changes to their recipes so that these products no longer contain dangerous and toxic chemicals.’
Assembly Bill 418 proposes to ban additives ubiquitous in chewy treats such as Sour Patch Kids and Skittles, baked goods and certain soft drinks.
It would be the first law of its kind to pass in the US and would represent a major win for food and consumer watchdog groups. Given the sheer size of California’s economy, the passing of the bill could spark a seismic shift in food production and sales across the country.
Four of the five additives in the proposal are already banned in foods in the EU.
Assembly member Gabriel said, “Californians don’t have to worry that the food they buy at their convenience store is full of dangerous additives or toxic chemicals.
“This bill corrects a worrying lack of federal oversight and helps protect our children, public health and the safety of our food supply.”
But the food industry is fighting back against what it sees as a loophole to ban safe chemicals.
Food additive consultant Gina Myers told the California Globe, “There are right ways to push for a ban and wrong ways to push for a ban, and this bill is an extremely wrong way to go about it.
“They should get a thorough review by the FDA and work there. Instead, they go through the state level and hope to get a ban there before we have all the facts and give companies enough time to come up with alternatives… there are much better ways to do this.”
Red dye No. 3 gives products a pronounced radiant red hue. It is used in some 3,000 food products, such as icing sugar, maraschino cherries and berry-flavored candies.
Asm Jesse Gabriel (pictured) filed the bill last month. He hopes to “protect” families in California by banning these potentially harmful substances
But studies dating back to the early 1980s have shown that the additive, at very high doses, can cause cancer in lab animals and has been linked to behavioral problems in children.
The Center for Science in the Public Interest (CSPI), a Washington DC-based consumer advocacy group, petitioned the FDA last year to ban the chemical. It was joined by more than a dozen advocacy groups, including Breast Cancer Prevention Partners, Children’s Advocacy Institute and Consumer Federation of America.
For these reasons, it was banned in cosmetic products in 1990, but it is still in many foods and sweets, including baked goods and breakfast cereals.
A 2012 study by Brazilian researchers found that Red 3 can cause genotoxicity — when DNA sustains toxic damage — as well as causing permanent transmissible changes in strains.
Researchers have not determined the mechanism of how it damages a person’s DNA.
In 2020, California’s Environmental Protection Agency found that children who regularly consumed Red 3 were more likely to have hyperactivity and inattention.
The other four additives included in the proposed ban have been banned from consumer products in Europe due to overwhelming health concerns.
Regulators in the US allow certain risky additions that the EU does not. Companies can add additives to their products with relative impunity thanks to an FDA loophole that allows them to determine for themselves whether an ingredient used is generally safe
Titanium dioxide, also called E171, can be found in crowd favorites Skittles, Starbursts and other candies, according to the Environmental Working Group.
The International Agency for Research on Cancer has classified it as a Group 2B carcinogen that may pose a potential threat to humans if inhaled.
The designation was based on limited evidence showing that high concentrations of powdered and ultrafine titanium dioxide dust caused respiratory cancer in rats exposed by inhalation.
Still, most of the research concludes that the amount of food consumed is so low that it poses no threat to human health, and the FDA maintains that concentrations of the substance in US foods are safe.
Potassium bromate is often found in bread as an oxidizing agent that is added to the dough to make it more springy and strong and to aid in rising.
It has been shown to cause nose, throat and lung irritation, as well as coughing, wheezing and shortness of breath.
Potassium bromate is banned for human consumption in Europe, China and India because it is suspected to be carcinogenic. In lab tests, the compound KBrO3 caused kidney and thyroid tumors in rats.
Brominated vegetable oil, a type of vegetable with bromine in it, is commonly found in diet and citrus sodas like Sun Drop to prevent ingredients in fruit-flavored sodas from separating.
Although not listed as a carcinogen, inhaling bromine can irritate the nose, throat and lungs, as well as the mucous membranes that line the inside of the mouth, throat, stomach and lungs.
Long-term exposure to the chemical can cause neurological problems such as memory loss, impaired balance and coordination, as well as headaches.
For these reasons, it is banned in Japan, India, and the European Union.
A study published by the FDA in May 2022 reported that rodents that consumed amounts of BVO similar to what humans ingest had significantly higher levels of bromine in their tissues, posing a threat to thyroid health.
Propylparaben is most commonly used as a preservative in packaged baked goods, and while generally considered safe by the FDA, it was banned from being added to food in 2006 by the European Food Safety Authority.
It has not been shown to cause cancer, but it may interfere with fertility and the endocrine system, which regulates hormones in the body that control many important functions, including growth and development, metabolism, and reproduction.
A 2002 study from Japan found that concentrations of the substance allowed by the FDA reduced sperm count in young rats.
While the California bill passed the state assembly with an overwhelming majority, it has yet to pass the Senate.