A unique law that would ban the use of certain ingredients and dyes linked to cancer and other health problems in processed foods and drinks is now closer than ever to becoming a reality in California.

Assembly Bill 418, introduced by Assembly members Jesse Gabriel (D-Woodland Hills) and Buffy Wicks (D-Oakland), would prohibit the manufacture, sale, and distribution of foods containing red dye No. 3, titanium dioxide, potassium bromate, brominated vegetable oil or propyl paraben from 2025.

Popular foods containing any of these five substances include Crush Orange Soda, Mountain Dew, some Betty Crocker frosting and sprinkles, and a range of Hostess snacks, according to a list maintained by the nonprofit Environmental Working Group, a proponent of the legislation.

LM: Public ingredient lists checked and unable to independently confirm

States in the US, including California, Washington and New York, have passed laws that prohibit certain chemicals from being intentionally added to food packaging. The latest law, passed this week by the California State Assembly, would be the first in the nation to ban chemicals intentionally added to food as preservatives or to enhance colors and flavors.

“This legislation will protect children, families and consumers in California from some really toxic chemicals with well-documented risks of harm,” Gabriel said during an interview Tuesday.

Businesses found to be in violation could be fined up to $5,000 for the first violation and $10,000 for each subsequent violation, according to the law’s text.

The bill passed the Assembly by a largely party-line margin, with most Democrats supporting and Republicans voting against or not voting. The measure now moves to the state Senate, with committee hearings expected in the coming weeks.

Under the proposed law, companies with foods and beverages containing these specified chemicals, such as the Starburst and Peeps candies, will be required to adjust their recipes for products sold in California. These chemicals are usually found in baked goods and in candy and foods marketed to children and communities of color, such as Skittles and Nerds, Gabriel said.

The legislation is modeled on existing laws in Europe that already ban and require alternatives to the five chemicals, which are linked to an increased risk of cancer, reproductive and immune problems, as well as behavioral and developmental problems in children, said Scott Faber, senior vice president of government affairs at the Environmental Working Group.

They stepped in to ban the worst of the worst chemicals, the ones that not only have clear evidence of harm to health, but also have obvious safer and cheaper alternatives, Faber said.

A 2021 report from the California Environmental Protection Agency evaluated the potential effects of seven synthetic food dyes approved by the U.S. Food and Drug Administration, including red dye No. 3, and found that they were associated with adverse effects in some children. neurobehavioral outcomes, such as memory and learning problems. Children had varying degrees of sensitivity.

According to the report, dyes are added to foods, over-the-counter medications and vitamins aimed at children, with the highest exposure usually coming from juice and soda.

“There are major flaws in the FDA approval process,” Gabriel said.

Faber said chemical and food manufacturing companies have been circumventing regulatory assessments of food additives by the FDA’s Generally Recognized as Safe standards, which state that a substance does not need additional assessment if it has been “conclusively shown to be safe under the terms of its intended use.” analysis by EWG, 99% of chemicals that have entered the market since 2000 have been assessed by the food and chemical industries.

Everyone assumes the food we bring to our families is safe, and everyone assumes that the FDA evaluates all chemicals added to our food for safety, Faber said. Unfortunately that is not the case.

In an email, the FDA said it monitors and authorizes the use of food ingredients to ensure they are safe.

“All substances in California Bill 418 have been evaluated by the FDA,” the agency’s statement continued. “When we identify new data and information that indicates that the use of an ingredient is unsafe, we take steps to protect public health, including withdrawing authorizations or approvals for certain uses, working with industry on voluntary market phasing out agreements and recalls. , issuing alerts and informing consumers.”

Assembly Bill 418 has a number of opponents, including the Consumer Brands Assn., the International Assn. of Color Manufacturers, the National Confectioners Assn., and the American Bakers Assn.

The California Assembly is well-meaning, but this is not the right way to do it, Christopher Gindlesperger, senior vice president of public affairs and communications for the National Confectioners Assn., wrote in an email to The Times. We must rely on the science-based rigor of the federal regulatory process and avoid a patchwork from state to state regarding food additives and ingredients.

In a statement posted online, the International Assn. of Color Manufacturers said no regulatory body “has found credible safety issues with these additives, and that banning Red No. 3 dye and titanium dioxide would unnecessarily ignore established safety standards.

Gabriel said the legislation is not intended to ban products.

I would vote against a bill that would ban Skittles or other candies. That’s a personal decision,” said Gabriel. What we want these companies to do is make minor changes to their recipes with safer, readily available alternatives.

Companies like Coca-Cola, Pepsi, Panera Bread and Dunkin’ have already stopped using some of these chemicals, Gabriel said.

In effect, this would require those who have not made that responsible decision to switch to those safer alternatives, he added.

Gabriel said that if California passes this legislation, it

has the potential to do

rapid nationwide transition.

“They’re not going to have one recipe for California and another recipe for Oklahoma,” Gabriel said. “Companies are going to change their recipes and kids in the US will be safer. We don’t love our kids any less here than we do in Europe. It’s about time our laws reflect that.”