Gavin Newsom Signs Ban on Artificial Food Dyes in School Snacks and Drinks. What to Know

A young girl sits down to eat free breakfast at Rosa Parks Elementary School in San Diego on June 14, 2024. San Diego Unified School District is partnering with local organizations to offer free meals to families and students during the summer. Photo by John Gastaldo for CalMatters

By Kristen Hwang, CalMatters

Many brightly colored kids’ snacks and beverages will disappear from California schools under a new law Gov. Gavin Newsom signed on Sunday that bans certain artificial food dyes from K-12 campuses.

Starting in 2028, six common food dyes will no longer be allowed in food sold at schools because of concerns that they cause behavior and attention problems in some children. The banned dyes are: Blue 1, Blue 2, Green 3, Red 40, Yellow 5 and Yellow 6.

Artificial food coloring production in the U.S. has increased more than six-fold since the Food and Drug Administration first issued safety regulations in the 1930s. Although initial studies indicated that artificial colors were nontoxic, recent research has linked eating foods containing synthetic dyes to hyperactivity and trouble concentrating, particularly among children.

This legislation builds on a first-in-the-nation law Newsom signed last year to ban the sale of food containing four food additives common in candies and baked goods, and are thought to be harmful. That law applies to food sold anywhere in California, while this year’s legislation focuses solely on school nutrition.

“The reason it makes sense to focus on schools is because that’s where a lot of those behavioral and hyperactivity issues are going to compound,” Melanie Benesh, vice president for government affairs with Environmental Working Group, a national advocacy group that co-sponsored the legislation. “If you know there are kids in these schools that have a sensitivity to these dyes, and it makes it harder for them to concentrate, then you are not creating the most conducive learning environment for those kids.”

Several state legislatures are considering bills similar to California’s. The federal government, however, has not updated its safety standards.

“California is once again leading the nation when it comes to protecting our kids from dangerous chemicals that can harm their bodies and interfere with their ability to learn,” said Assemblymember Jesse Gabriel, the Democrat from Encino who authored the law.

Packaged food manufacturers opposed the food dye restrictions, saying that the FDA — not California — is the appropriate food safety regulator.

“The approach taken by California politicians ignores our science and risk based process and is not the precedent we should be setting when it comes to feeding our families,” said John Hewitt, a senior vice president at Consumer Brands Association, which opposed the measure. The organization represents major food manufacturers, such as Coca Cola and J.M. Smucker.

What does the science say on food dyes?

Managing risk of harmful chemicals can be tricky, and California is no stranger to considering controversial legislation that attempts to reduce exposure.

An early version of the law Newsom signed last year to ban certain food additives was derided by critics as a “Skittles ban” before lawmakers amended it in a way that excluded the dye in the popular candy. Meanwhile, cancer warnings that are required by a 1986 law known as Proposition 65 are often criticized for creating consumer confusion and spurious lawsuits.

But advocates say federal regulations don’t move as quickly as science, requiring state lawmakers to take initiative.

California’s environmental hazard research agency published a 300-page report assessing the risk of synthetic food dyes in 2021. The conclusion: The studies used by the FDA to develop safety standards did not assess neurological outcomes that have since been associated with food coloring. Those papers, which are between 35 to 70 years old, instead looked for physiological toxic effects, such as weight gain or decreased liver function in animals.

More recent research, including clinical trials, show links between eating dye and behavioral problems in children at much lower doses than the FDA’s current allowable limit.

“We all agreed that the weight of evidence supported an association, and that the current acceptable daily intakes for some of the dyes set by FDA may not adequately protect against behavioral or neurobehavioral outcomes,” said Asa Bradman, a public health professor at UC Merced who worked on the state’s risk assessment. “And you know, that’s kind of a bombshell.”

Hewitt from the Consumer Brands Association said packaged food manufacturers stand by the FDA guidelines.

“It’s unfortunate the scientifically proven, safe ingredients have been demonized without a scientific basis,” Hewitt said.

But Bradman said the industry hasn’t been able to discredit any of the newer research — it has only pointed to the original studies, which are outdated and not appropriate for assessing behavioral changes.

Dyes in juice, soda and ice cream

Children are the most vulnerable to the adverse effects associated with food coloring, in part, because they’re more likely to eat foods and beverages that are dyed. Even medications for children, such as cough syrup and vitamins, are manufactured with synthetic dyes. Kids are also more susceptible because their brains are still developing, and their body weight is smaller compared to the amount of dye consumed, research shows.

Juice, soda, icing and ice cream cones are major sources of exposure among kids.

Poverty and race also increase exposure risk, the state’s report found. Black children and women of childbearing age ingested significantly more food coloring than other ethnic groups.

The foods that contain the most dye are “poor quality junk food,” Bradman said. Most  schools already have healthy food programs aimed at reducing them on campus. This legislation would help encourage schools to serve even healthier foods, he said.

Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a price they can afford. Visit www.chcf.org to learn more.

This article was originally published by CalMatters.

CalMatters

Written by CalMatters

CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics. (Articles are published in partnership with edhat.com)

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34 Comments

  1. Two important issues with this: 1. The bad doesn’t starts for three years. If t hose chemicals are so potentially toxic to children, why not start the ban—–yesterday? 2. Those chemicals are already banned or restricted in a number of more civilized locations, like Canada, Au, NZ and most of Europe. As is so often the case, the USA lags behind the rest of the world’s acceptance of the science, generally for sake of corporate profit at the expense of our citizen’s health. Not new information.

    • GINGER1 – true, while some chant “we’re #1” etc, they overlook the fact that we’re nowhere near the “greatest nation on earth” anymore, if we ever truly were. We have allowed money and greed to supersede the health of our populace. We are dangerously close to once again electing a lying anti-science tyrant to run our country. We have allowed public education to fail.

      We need to do better.

  2. A very small and way late step in the right direction. The bigger problem is the lack of nutritious food overall in the school free food program, mainly the lack of protein. You should see what the “breakfasts” look like. Can you say carbo bomb? No wonder kids are getting fatter. Diabetes and obesity are coming faster than climate change.

    • Not sure why the downvotes on this. I wholeheartedly agree. The public school food is horrendously devoid of balanced nutrition and heavy on empty calories. There may be a small amount of protein – but a little bit of protein doesn’t negate the effects of dozens of grams of sugar to start the day. Sac is right that there are “other things” in addition to the main course, but this is mainly at lunchtime. At breakfast, the sides are cartons of milk (gross in itself – and have you seen how much sugar is in milk?!) genetically modified apples and bananas, and sugary things that are called “granola bars.” All sugar and carbs, all the time. Don’t get me wrong – it’s REALLY good and important that food is available consistently! I do wish that healthier options were more of a focus for our kids.

      • COATLIQUE13 – unlike BASIC says, it’s not “purely political.” A lot of folks here disagree with him as he usually is making things up out of thin air, such as “it’s just banana bread” and it has “zero calories” and soy/tofu also have “zero protein.”

        It has nothing to do with “politics,” just a general dislike among readers here of someone who constantly lies, makes up arguments that never existed, belittles and insults others for being rescued or writing articles he doesn’t like, etc etc ad nauseum. It’s pure him, nothing else.

  3. Ah yes, BASIC – “mainly the lack of protein.” “Zero protein,” to be exact, right? Despite claims from the AHA and other reputable medical and health organizations, tofu and soy contain “zero protein,” according to Doc Two Boats.

    But please, go ahead complaining about Newsom while he’s doing something you completely agree with.

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