CA 418 bans four toxic chemicals

October 10, 2024

California’s Groundbreaking Food Safety Act: CA 418 bans four toxic chemicals

In a bold step to protect public health and ensure the safety of food products, California has passed AB 418, the California Food Safety Act, which was signed into law by Governor Gavin Newsom on October 7, 2023. This landmark legislation bans the use of four toxic chemicals in food products sold in California — substances already prohibited in many other countries due to their harmful health effects. With California once again setting the stage for a national shift in food safety standards, the bill marks a significant moment for both consumer protection and food industry reform.

 

 

Four Nasty Chemicals No Longer in California

Starting January 1, 2027, California will no longer allow food products containing the following chemicals to be sold or distributed in the state:

• Red Dye No. 3
• Potassium Bromate
• Brominated Vegetable Oil
• Propyl Paraben

These chemicals have long been flagged for their potential health risks, including cancer, reproductive issues, and behavioral and developmental issues in children. Red Dye No. 3, for example, is already banned in cosmetics by the U.S. Food and Drug Administration (FDA) but continues to be permitted in food products. The additive Potassium Bromate, a possible carcinogen, has been widely banned globally, yet it is still allowed in U.S. food products.

The decision to remove these substances from California’s food supply is grounded in scientific evidence and a growing recognition that the U.S. has lagged behind other nations when it comes to food safety standards. All four chemicals have already been banned in the European Union and several other countries, including Canada, Japan, and Australia, making California’s move to prohibit them a long-overdue step in line with global food safety practices.

Why Now?

The passage of AB 418 comes amid mounting concern over the safety of food additives and flaws in the FDA’s approval process. For decades, chemical companies have exploited the GRAS loophole and introduced food additives directly to the market, bypassing any review by the FDA. As a result, the U.S. has become a global outlier in terms of food safety, with the FDA failing to ban or adequately regulate many harmful chemicals in food products.

California, often a leader in progressive health and environmental policies, has stepped in where federal authorities have failed. As Scott Faber, Senior Vice President for Government Affairs at the Environmental Working Group, noted, “For decades, chemical companies have been able to exploit a loophole that allows food additives to escape adequate review and oversight by the FDA. Since the FDA has failed to keep us safe, it has become the responsibility of states like California to step up and lead.”

What Does AB 418 Mean for the Food Industry?

While AB 418 does not ban any specific food products outright, it will have an impact on how food companies operate within California and potentially the broader U.S. market. The bill requires companies to eliminate the four banned chemicals from their products, which will likely lead to changes in recipes and ingredient sourcing. Due to California’s size and influence, many of these reformulations will be introduced nationwide, meaning less of these toxic ingredients across the country.

In response to growing consumer demand for healthier, safer food products, several large food manufacturers, including Coca-Cola, Pepsi, Gatorade, and Panera, have already taken steps to stop using some of these chemicals. However, by making the use of these chemicals illegal in California, AB 418 ensures that all food products sold in the state meet the same high safety standards, effectively pushing companies to adopt safer alternatives nationwide.

This requirement is expected to prompt a widespread transition to safer, non-toxic ingredients. For many companies, switching to these safer alternatives is feasible because they are already being used in other countries, such as the European Union. In fact, the chemicals prohibited under AB 418 are already banned in 27 EU nations, where food manufacturers have long complied with stricter food safety regulations.

Support for the Bill

AB 418 has received broad support from a diverse coalition of advocates, including Consumer Reports, Environmental Working Group, and even former Governor Arnold Schwarzenegger, who praised the bill in his daily newsletter Pump Club. Schwarzenegger emphasized that while he is a proponent of small government, he believes that “government has to step in” when big industries have too much influence and children’s health is at risk.

The bill’s passage has been hailed as a historic victory for public health, particularly for children and families. Brian Ronholm, Director of Food Policy for Consumer Reports, stated, “California has taken an important stand for food safety at a time when the FDA has failed to take action. Safer versions of food products that are available in other countries should be made available to U.S. consumers, too.”

The Road Ahead

Although the legislation will not go into effect until 2027, the five-year delay provides food companies with ample time to adjust their recipes and phase out the banned substances. This delay is intended to give manufacturers the opportunity to renegotiate contracts and make necessary changes to comply with the law.

A Model for the Nation

AB 418 sets a powerful precedent, not only for California but for the entire U.S. As more people demand safer food products and greater transparency from food manufacturers, California’s leadership in this area is likely to encourage other states to follow suit. In fact, ten other states have already introduced similar food safety bills: Pennsylvania, New York, Illinois, South Dakota, West Virginia, Washington, Missouri, Maryland, New Jersey and Rhode Island. These bills also shine a spotlight on the need for federal reforms to address the weaknesses in the FDA’s food safety oversight.

Governor Newsom’s signing of AB 418 sends a strong message: protecting public health and ensuring food safety should always come first. By banning dangerous chemicals from the food supply, California is helping pave the way for a healthier, safer food system for all.

As the law takes effect in 2027, Californians—and consumers across the country—will benefit from the increased safety and transparency in the food products they consume. With this move, California has once again shown its commitment to public health, environmental sustainability, and consumer protection, setting a standard that other states may soon follow.

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