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California Gov. Gavin Newsom signed the California Food Safety Act, the first law in the U.S. to ban four chemicals from candy, cereal, soda and other processed food sold and produced in the state.
Assemblymember Jesse Gabriel authored the law, which ends the food uses of brominated vegetable oil, potassium bromate, propyl paraben and Red Dye No. 3.
All four additives have already been banned by European regulators, with the exception of Red Dye No. 3 in candied cherries.
"The Governor's signature today represents a huge step in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply," said Gabriel, chair of the state Assembly Committee on Privacy and Consumer Protection. "It's unacceptable that the U.S. is so far behind the rest of the world when it comes to food safety. 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 safer alternative ingredients that they already use in Europe and so many other places around the globe."
The Environmental Working Group (EWG) and Consumer Reports co-sponsored the bill.
In response to the bill, the National Confectioners Association released the following statement:
"California is once again 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 terms of evaluating the safety of food ingredients and additives."
Frank Yiannas, former deputy commissioner of food policy and response at FDA, weighed in on the bill on LinkedIn.
“I appreciate the California legislature’s desire to protect its citizens by banning certain food additives they believe are unsafe, via passage of Assembly Bill 418, which now awaits the Governor’s review,” he posted a week before the bill was signed by Newsom. “It’s not that I’m against a state’s interest in food safety. We ALL want safe food. It’s just that I believe the manner in which it’s being done, while well-intended, sets a dangerous precedent on how food safety standards in our nation are best established. … Our country needs the FDA to step up, work collaboratively with all States, and create uniform, national food safety standards that protect consumers everywhere.”
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