In a landmark move, Governor Gavin Newsom has signed the California Food Safety Act, marking California as the first state in the United States to prohibit the use of four harmful chemicals in a range of processed foods, including candy, cereal, and soda.
This significant legislation, authored by Assemblymember Jesse Gabriel (D-Woodland Hills), effectively ends the incorporation of brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3 into food products. These chemicals have been associated with various health concerns, including hyperactivity, nervous system damage, and an elevated risk of cancer.
Notably, all four of these additives are already banned by European regulatory authorities, with the limited exception of Red Dye No. 3 in candied cherries.
Assemblymember Gabriel, who chairs the state Assembly Committee on Privacy and Consumer Protection, expressed the critical importance of this legislation by stating, “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. It’s unacceptable that the U.S. is so far behind the rest of the world regarding food safety. This bill will not ban any foods or products — it 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, two national non-governmental organizations, have thrown their support behind this groundbreaking California bill. Ken Cook, the president of EWG, commended Governor Newsom’s decision, saying, “This is a milestone in food safety, and California is once again leading the nation. We applaud Gov. Newsom for signing this landmark bill and putting the health of Californians before the interests of industry. California is creating a healthier market for consumers.”
Importantly, the implications of this law may extend beyond California’s borders, potentially impacting food products nationwide. Given the size of California’s economy, it is unlikely that manufacturers will produce separate versions of their products — one for California and another for the rest of the country. According to EWG’s Food Scores database, as many as 12,000 products could be affected by this legislation.
Notably, other states are beginning to follow California’s example. In New York, a similar bill is progressing through the legislative committee, aiming to ban the same four chemicals along with titanium dioxide.
While the majority of chemicals added to food and food packaging are considered safe for consumption, the four chemicals targeted by the California Food Safety Act have raised serious health concerns. The European Union took action by banning these chemicals after conducting a comprehensive review of the safety of all food additives in 2008.
Children, in particular, are at heightened risk due to their lower tolerance levels for chemical exposure and their developing bodies’ susceptibility to harm from such chemicals. In the United States, more than 10,000 chemicals are permitted for use in food, with nearly 99% of those introduced since 2000 gaining approval from the food and chemical industry, rather than the Food and Drug Administration (FDA), which is entrusted with ensuring the safety of our food supply.
Crucially, the chemicals banned by the California Food Safety Act have not undergone FDA review for 30 to 50 years, if ever. Brian Ronholm, food policy director at Consumer Reports, emphasized, “We’ve known for years that the toxic chemicals banned under California’s landmark new law pose serious risks to our health. California has taken an important stand for food safety when the FDA failed to take action. Safer versions of food products available in other countries should be made available to U.S. consumers too. By keeping these dangerous chemicals out of food sold in the state, this groundbreaking law will protect Californians and encourage manufacturers to make food safer for everyone.”
