California legislators send governor landmark bill banning six artificial dyes in foods served by public schools
The bill prohibits foods containing synthetic dyes that have been tied to neurobehavioral problems in some children from being served during school hours.
California lawmakers have passed a first-of-its-kind bill that would ban six artificial dyes from the foods served in the state’s public schools, sending it to the governor for his signature.
The bill, passed by the California legislature on Thursday, would prohibit foods and beverages containing synthetic colorings that have been tied to neurobehavioral problems in some children from being offered to students during regular school hours. It was introduced by Democratic Assemblymember Jesse Gabriel and co-sponsored by both Consumer Reports and the Environmental Working Group, a research and advocacy health organization.
If Gov. Gavin Newsom, a Democrat, signs the bill into law, California will become the first state to prohibit the additives from its school cafeterias. The legislation would go into effect in December 2027.
“California has a responsibility to protect our students from chemicals that harm children and that can interfere with their ability to learn,” Gabriel said in a statement Thursday. “This bill will empower schools to better protect the health and well-being of our kids and encourage manufacturers to stop using these harmful additives.”
Known as the California School Food Safety Act, Assembly Bill 2316 would ban Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3, which Gabriel has called “nonessential ingredients” that have natural alternatives — such as turmeric, beet juice or pomegranate juice. The bill would not ban any foods or drinks; instead, Gabriel said, it would require substitutions that could be as small as changing a single ingredient in the recipes.
The Food and Drug Administration has said it has not established a causal link between behavioral problems and synthetic dyes for children in the general population who haven’t been diagnosed with conditions such as attention-deficit/hyperactivity disorder.
But a comprehensive 2021 review by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment cited in the bill found that “synthetic food dyes are associated with adverse neurobehavioral effects, such as inattentiveness, hyperactivity and restlessness in sensitive children,” and that evidence points to a link between food dye exposure and adverse behavioral outcomes in certain children “both with and without pre-existing behavioral disorders.”
The bill comes as ADHD diagnoses have risen nationally in recent years, according to the Centers for Disease Control and Prevention.
A spokesperson for the FDA told NBC News on Friday that assessing new data on the safety of food chemicals is a “priority” and that the agency had read the literature review cited in California’s bill.
“The totality of scientific evidence shows that most children have no adverse effects when consuming foods containing color additives, but some evidence suggests that certain children may be sensitive to them,” the spokesperson said in an email. “The FDA will continue to assess the emerging science and ensure the safety of approved color additives.”
AB 2316 follows last year’s passage of the California Food Safety Act, which was also introduced by Gabriel and banned four food additives that have been tied to potential health problems from products sold statewide, beginning in January 2027. Among the chemicals it banned was brominated vegetable oil, which is often used as a stabilizer in citrus-flavored beverages. Last month, the FDA announced it had concluded that brominated vegetable oil was not safe for human consumption and it revoked authorization for its use in food and drinks nationwide.
The California Food Safety Act also banned potassium bromate, propylparaben, and Red 3 from grocery shelves across the state. The additives have been associated with health problems ranging from hormone disruption to cancer.
Melanie Benesh, the Environmental Working Group’s vice president for government affairs, said she applauded the latest move from California state legislators.
“This is a big win for schoolchildren and parents in California. The evidence is pretty compelling that some kids are really sensitive to these dyes, and they shouldn’t have to worry about exposure to those dyes impacting their ability to concentrate and their ability to learn in school,” she said.
Benesh urged the FDA to reconsider allowing synthetic dyes from the nation’s food supply.
“The FDA should be taking action and taking steps to make sure that all of our children are protected from what’s in their food,” Benesh said. “Many of these brightly colored food dyes are only in food to make that food more appealing to kids. It doesn’t add any nutritional value. So this is very achievable. It puts the onus back on the industry, and it’s making our schools healthier, safer places for our kids.”
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NBC News