Assembly Passes Legislation to Ban Use of Dangerous Chemicals in Food and Beverages

Legislation Would Prohibit the Use of Five Toxic Chemicals Banned in the European Union and Others Nations

SACRAMENTO, CA — The California State Assembly passed first-of-its-kind legislation that would prohibit the use of certain dangerous and toxic chemicals in processed foods and drinks.

Authored by Assemblymember Jesse Gabriel (D-Woodland Hills), Assembly Bill (AB) 418 would prohibit the manufacture, sale, or distribution of any food product in California containing Red Dye No. 3, Titanium Dioxide, Potassium Bromate, Brominated Vegetable Oil, or Propyl Paraben. These chemicals are already banned in the European Union (EU) and many other jurisdictions due to scientific research linking them to significant health harms, including cancer, reproductive issues, and behavioral and developmental issues in children.

“Today’s strong vote is a major step forward in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply,” said Assemblymember Jesse Gabriel. “It’s unacceptable that the U.S. is so far behind the rest of the world when it comes to banning these dangerous additives. We don’t love our children any less than they do in Europe and it’s not too much to ask food and beverage manufacturers to switch to the safer alternative ingredients that they already use in Europe and so many other nations around the globe.”

Numerous scientific studies have demonstrated the connection between the chemical additives named in AB 418 and alarming health outcomes, including increased risk of cancer, behavioral issues in children, harm to the reproductive system, and damage to the immune system. As a result, the EU and many other nations already have prohibited their use in food, and many major brands and manufacturers—including Coke, Pepsi, Gatorade, Dunkin Donuts, Papa John’s Pizza, and Panera—have voluntarily stopped using these additives in their products. Unfortunately, chemical companies in the U.S. have been able to exploit a major loophole in federal regulations to avoid meaningful independent review by the FDA of numerous food additives, thereby placing the U.S. far behind many other nations when it comes to food safety. If signed into law, AB 418 would require companies to make modifications to the recipes for products sold in California and likely prompt a nationwide transition to safer alternatives.

“For decades, the FDA has failed to keep us safe from toxic food chemicals,” said Scott Faber, EWG Senior Vice President for Government Affairs. “The chemical companies keep exploiting a loophole that allows for food additives that have not been adequately reviewed for safety by the FDA. And the FDA consistently fails to reassess chemicals, even in light of new science. The food and confectioners industries know the review process at the FDA is broken.”

AB 418 now moves to the State Senate, where it is expected to be heard in committees in the coming weeks.

Jesse Gabriel proudly represents the San Fernando Valley in the California State Legislature.

Previous Stories:

Assemblymember Gabriel showcases Skittles purchased in the European Union, which contain no trace of Titanium Dioxide–the toxic additive currently found in Skittles in the United States.

April 12: Bill to Ban the Sale of Processed Foods Containing Dangerous Chemicals Passes Critical Committee

March 20: Bill Would Ban the Sale of Processed Foods Containing Dangerous Chemicals

A.B. 418 is co-sponsored by the Environmental Working Group and Consumer Reports.

More than 10,000 chemicals are allowed for use in food sold in the U.S. Nearly 99 percent of those introduced since 2000 were approved by the food and chemical industry, not the Food and Drug Administration, the agency tasked with ensuring our food supply is safe.

Most of the chemicals added to food and food packaging to enhance flavor or appearance, to preserve freshness, or to serve other purposes in food are likely safe to eat. But these five chemicals the bill targets pose a threat to public health:

  • Red Dye No. 3 has been linked to cancer and behavioral problems in children. It is found in more than 2,000 food products, including many types of candy, cookies and other foods marketed to children. In 1990, the FDA banned many uses of the dye, citing cancer risks. Since 1994, the European Union allowed Red No. 3 to be used in candied and cocktail cherries only.
  • Brominated vegetable oil can build up in the body and has been linked to several health harms including to the nervous system. It is prohibited in the EU from use in processed foods.
  • Potassium bromate has been linked to cancer but has not been reviewed for safety by the FDA since 1973. It has been prohibited from use in processed food in the EU since 1990 and since then has been on California’s Proposition 65 list of chemicals that may cause cancer.
  • Propyl paraben has not been thoroughly reviewed for safety by the FDA. It has been linked to harm to the hormone and reproductive systems, including decreased sperm counts. It has been prohibited from use in food in the EU since 2006 but is still used as a preservative in the U.S.
  • Titanium dioxide has been linked to damage to our DNA and harm to the immune system. In 2022, the EU prohibited it from use in food offered for sale, but it is still allowed in food sold in the U.S.  It is found in popular snacks like Skittles.

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