California becomes the first state to ban ingredient in popular candies

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California is banking on a sweeter future without potentially harmful ingredients that are found in popular candies and drinks. The state became the first in the country to forbid the use of four chemicals in foods. Experts say changes could have far-reaching effects across the country.?

WHAT’S HAPPENING

• The California Food Safety Act prohibits the manufacture, sale or distribution of food products in California containing red dye No. 3, potassium bromate, brominated vegetable oil or propylparaben.
• Red dye No. 3 is a synthetic dye made from petroleum that gives foods and drinks a bright, cherry-red color, according to Consumer Reports.
• Nearly 3,000 products use red dye No. 3 as an ingredient, including sweets such as Skittles, Nerds and Trolli gummies, according to the Environmental Working Group, a nonprofit environmental health organization. Other foods with the dye include protein shakes, instant rice and potato products, and boxed cake mixes.
• Potassium bromate is added to baked goods to help dough strengthen and rise higher.
• In some beverages, brominated vegetable oil keeps citrus flavoring from floating to the top, according to the FDA.?
• Propylparabens are used for antimicrobial food preservation.

WHY

• In the EU, these chemicals are banned “due to scientific studies that have demonstrated significant public health harms, including increased risk of cancer, behavioral issues in children, harm to the reproductive system, and damage to the immune system,” according to the California State Assembly’s Jesse Gabriel, who co-introduced the bill.?
• Red dye No. 3 is approved for use in US food and oral drug forms but has been banned in cosmetics since 1990 due to a carcinogenic response in rats.
• A 2021 study by a California state agency found that the consumption of red dye No. 3 can cause hyperactivity and other behavioral difficulties in children, concluding that some may be more sensitive than others.?
• A study published in 2012 suggested that the common food dye can cause cancer in animals, although there is no evidence that it is the same for humans.

IS THE FDA INVOLVED?

• Currently in the US, these chemicals can be used in foods because of a loophole in the Federal Food, Drug, and Cosmetic Act, which allows manufacturers to use the ingredients in a way or amount the FDA has previously determined to be safe.
• But an assessment done by California’s health agency notes that current legal levels of red dye No. 3, set decades ago by the FDA, aren’t based on newer research. The old studies “were not designed to detect the types of behavioral effects that have been observed in children,” the agency said. CNN has reached out to the FDA for comment.
• Last October, the Environmental Working Group and Consumer Reports joined more than 20 other organizations to urge the FDA to remove the color additive from its approved list of ingredients.

BIG PICTURE

• Consumer Reports says because of the size of California’s economy, the new law may affect food across the country, not just in California. The state has a history of setting strict standards on climate and emissions that end up applying to products nationwide. An environmental health expert explains, “As California goes, eventually so goes the nation because manufacturers don’t want to make things that they can’t sell to the fifth-largest economy in the world.”
• The candy industry is vocalizing its distaste for the new law: The National Confectioners Association says the measure will “undermine consumer confidence and create confusion around food safety” by acting independently of the FDA.?
• The bill won’t be implemented until 2027, which gives companies "significant time for brands to revise their recipes to avoid these harmful chemicals," California Gov. Gavin Newsom says.
• Newsom points to Skittles’ availability in the EU, calling it “demonstrable proof that the food industry is capable of maintaining product lines while complying with different public health laws.”
• For now, if you want to avoid consuming red dye No. 3, for foods you can check ingredient lists for “FD&C Red #3,” and for medications, look for dyes in the “inactive ingredients” section.

Do you think other states should follow California’s lead? Will you look for different candies this Halloween?? Share your thoughts in the comments.

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