Debate over skittles laws not over yet after California governor signs ban


Dubbed “Skittle’s Law” by some in California, the law remains controversial and bans red dye3. The law initially banned the use of five hazardous substances in food, but eventually allowed the use of titanium dioxide.

Perhaps it was the power of the chewing gum lobby that saved titanium dioxide. It is a whitening or opaque food additive used in chewing gum.

However, the new law makes California the first US state to ban foods containing the dangerous additives brominated vegetable oil, potassium bromate, propyl paraben and red dye 3 starting on January 1, 2027.

These dyes and additives have been banned in the EU.

Julie Capon, founder and CEO of health app Luka, is among those who have publicly supported the ban since Gov. Gavin Newsom changed the law. .

Regarding CA 418, she said: “The enactment of the California Food Safety Act is good news for consumer health and is a step in the right direction for U.S. manufacturers who need to re-evaluate the potentially hazardous substances added to their products. A step in the direction of this. Of these 4 substances, 3 are banned across the EU, while the 4th is only allowed in one very specific product (cocktail cherries). This legislation states that, This is an important step forward in shifting the burden of avoiding harmful additives from individual consumers to manufacturers and policymakers.”

But the governor’s action on Assembly Bill 418 remains controversial from food groups such as the National Confectionery Association.

“They make decisions based on word of mouth rather than science,” the NCA said. “Governor Newsom’s approval of this bill will undermine consumer confidence and create chaos around food safety.”

“This law replaces a unified national food safety system with inconsistent national requirements set by legislative fiat that will increase food costs,” the NGA added. “FDA can prevent a slippery slope by engaging on this important issue. . We should rely on the FDA’s scientific rigor to evaluate the safety of food ingredients and additives.”

The FDA takes a slightly different view.

“The assertion that these substances have not been reviewed by the FDA is inaccurate. All of these substances have been evaluated by the FDA,” an FDA spokesperson said in an email to NBCLA.

Under the Federal Food and Drug Act, ingredients added to food must be safe under the conditions of their intended use, and safety information must be provided to provide a reasonable assurance of no harm before they are used in products on the market.

“The FDA is aware of recent EU action regarding the use of titanium dioxide as a color additive. We note that other international regulatory agencies, including the UK Financial Services Authority, Health Canada and the New Zealand Food Safety Authority, have not yet agreed with the EU’s assessment,” the FDA said .

In an email to the NGA, the FDA said it monitors and authorizes the use of food ingredients to ensure their safety.

It says “FDA has evaluated all substances covered by California Proposition 418”

“When we become aware of new data and information indicating that an ingredient is unsafe to use, we take steps to protect public health, including withdrawing authorizations or approvals for certain uses, working with industry on voluntary market phase-out agreements, and recalls, Issue an alert and notify consumers.”

“Signing this into law is a step forward for these four food additives before the U.S. Food and Drug Administration (FDA) reviews and establishes updated national safety levels for these additives,” Governor Newsom said when signing the law. Take a positive step.”

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