California has become the first state in the country to ban school cafeterias from serving foods containing six artificial colors linked to health and behavioral problems.
Democratic Governor Gavin Newsom on Saturday signed the California School Food Safety Act, which prohibits the use of Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 dyes in foods, beverages and snacks. They serve in public schools throughout the state.
The legislation was introduced by Democratic Assemblyman Jesse Gabriel in March, three years after a state report linked the consumption of synthetic food dyes to hyperactivity and neurobehavioral problems in certain children. Other studies have also shown that some of the dyes are carcinogenic.
Although the Food and Drug Administration (FDA) has not established a causal relationship between behavioral problems and synthetic dyes in children who have not been diagnosed with conditions such as attention-deficit/hyperactivity disorder (ADHD), the 2021 study by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment found an association even in some children without ADHD diagnoses.
“Overall, our review of human studies suggests that synthetic dyes are associated with adverse neurobehavioral effects, such as inattention, hyperactivity, and restlessness in sensitive children,” the authors wrote. “Evidence supports an association between exposure to food dyes and adverse behavioral outcomes in children, both with and without pre-existing behavioral disorders.”
Gabriel said Monday that he was “happy” that Newsom signed the bill.
“We’re really proud of the fact that we’re changing the national conversation about food security,” he said in a phone interview. “It is very clear that these are chemicals that can harm children and interfere with their ability to learn.”
The law does not prohibit any foodhe clarified. Instead, it requires manufacturers to remove artificial colors from their recipes and replace them with natural alternatives, such as carrot or beet juice, something many companies already do for consumers in the European Union and other places that ban artificial colors. synthetic dyes in foods and beverages.
The law will take effect on December 31, 2027, which Gabriel said will give manufacturers plenty of time to reformulate their recipes. This comes at a time when the number of ADHD diagnoses nationwide has increased in recent years, according to the Centers for Disease Control and Prevention.
A debate of decades
Consumer advocacy organizations have long argued that the FDA’s approval of artificial colors is based on outdated research dating back decades. They also point out that there is research that indicates that children have lower tolerance levels for chemical exposure than adultsmaking their developing bodies more vulnerable to the harmful effects of synthetic dyes.
“What made this law necessary is that the FDA has been unable or unwilling to do anything about it for several decades,” Brian Ronholm, director of food policy at Consumer Reports, said of the California legislation. “There is now much more data and information about health effects than ever before.”
The FDA had no immediate comment on the California law, but last week it held a public meeting to discuss chemicals in food, including dyes, as part of a broader food safety effort it has committed to. . The agency is seeking public comment as it works to develop an improved review process for postmarket evaluation of chemicals in food.
The International Food Additives Council, a trade organization, said in a statement that state-specific legislation, such as California’s School Food Safety Act, disregards the FDA.
“Not only is this legislation misguided, it also increases costs and complexity, ultimately impacting the population most in need of nutrition, while disrupting national food regulations and causing consumer confusion,” the group said. “This approach fosters unnecessary fear and distrust in the federal system.”
The school food law comes one year after the passage of the California Food Safety Act, another pioneering legislation of its kind authored by Gabriel. That law banned four other potentially harmful food additives in products sold statewide, including brominated vegetable oil, which is often used as a stabilizer in citrus-flavored drinks.
The United Kingdom and other places around the world have banned brominated vegetable oil for decades due to concerns about its potential toxicity. This summer, the FDA revoked authorization for use in foods and beverages nationwide after announcing that it had concluded that brominated vegetable oil was unsafe.
Gabriel said he hoped California’s new law would lead to more changes at the federal level.
“We believe we are putting the right pressure on the federal government to step in and do the right thing, and really bring the United States in line with so many other countries in the world,” he said.
