This law, known as the “Skittles Law” in some parts of California, outlaws red dye 3 and remains controversial. Initially, five hazardous substances were to be banned from food, but titanium dioxide was eventually allowed.
Perhaps the power of the chewing gum lobby saved titanium dioxide. A food additive used in gum to make it whiter and more opaque.
However, the new law will make California the first state in the U.S. to ban foods containing the dangerous additives brominated vegetable oil, potassium bromate, propylparaben, and red dye3 starting January 1, 2027.
These dyes and additives are already banned in the European Union.
Julie Capon, founder and CEO of health app Luca, is among those who have spoken out in favor of the ban since Gov. Gavin Newsom changed the law. .
Regarding CA 418, she says: “Enactment of the California Food Safety Act is great news for consumer health and a step in the right direction for U.S. manufacturers who need to re-evaluate the potentially dangerous substances they add to their products. These 4 Of the three substances, three are banned throughout the European Union and the fourth is only allowed in very specific products (cocktail cherries). This law removes the burden of avoiding harmful additives. It represents an important step forward in shifting responsibility away from individual consumers and toward holding manufacturers and policy makers accountable.”
However, the governor’s actions on Assembly Bill 418 continue to be challenged by food organizations such as the National Confectionery Association.
“They are making decisions based on soundbites rather than science,” the NCA said. “Governor Newsom’s approval of this bill will undermine consumer confidence and create confusion over food safety.”
“This law replaces the nation’s uniform food safety system with a patchwork of contradictory national requirements created by statutory law that increase food costs,” the NGA added. It’s a slippery slope, but one that can be prevented by FDA’s commitment to this important topic. We should rely on FDA’s scientific rigor to evaluate the safety of food ingredients and additives.”
The FDA has a slightly different perspective.
“The claim that these substances have not been reviewed by the FDA is inaccurate. All of these substances have been evaluated by the FDA,” a U.S. Food and Drug Administration spokesperson said in an email to NBCLA.
Under the Federal Food and Drug Act, ingredients added to food must be safe under the conditions of intended use and must be established with reasonable certainty that they are non-hazardous before being used in products on the market. Safety information must be available in order to
“FDA is aware of recent action by the European Union regarding the use of titanium dioxide as a colorant. Other international regulatory bodies, including the UK’s FSA, Health Canada, and FSANZ agree with the European Union’s assessment. “We note that this is not the case,” the FDA said.
The FDA said in an email to NGA that it monitors and approves the use of food ingredients to ensure their safety.
“FDA has evaluated all substances in California Bill 418.”
“When we identify new data or information that indicates that an ingredient is unsafe for use, we take actions to protect public health, including by withdrawing authorization or approval for a particular use; These include initiatives such as voluntary phase-out agreements with industry and recalls to issue warnings and notify consumers.”
In signing this legislation, Governor Newsom said: “Enacting this into law would be a positive step for these four food additives until the U.S. Food and Drug Administration (FDA) reviews and establishes updated national safety levels for these additives. ”
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