With the swipe of a pen, California Governor Gavin
Newsom starts the California Food Safety Act countdown to a 2027
statewide ban on four popular food additives.

Starting January 1, 2027, companies manufacturing, selling,
delivering, holding, or offering food products for sale in
California must comply with the newly ratified California
Food Safety Act (AB 418), which prohibits the use of red dye 3,
propylparaben, brominated vegetable oil, and potassium bromate. The
law allows the California Attorney General or other local
prosecutors to bring civil actions against any person or entity for
violations, with civil penalties costing as much as $5,000 for a
first violation and $10,000 for subsequent violations.

AB 418 was passed with overwhelming and bipartisan backing, with
supporters pointing to foreign country regulation of the
identified food additives, including the European Union, which has
already banned their use. Of additional consideration, proponents
cited studies identifying potential negative health outcomes linked
to the additives. While red dye 3 remains an FDA-approved color
additive for food and ingestible drugs, it has been prohibited in the United States for use in
cosmetics and externally-applied drugs and as a pigment form called
“lakes” in food, drugs, and cosmetics, since 1990.
Opponents have argued that AB 418 is unnecessarily disruptive,
given the federal government oversight of food additives and, with
support from other international scientific bodies, the additives
continue to be deemed safe for consumption. Indeed, the FDA
currently has a color additive petition under review that
proposes to repeal the color additive regulations providing for the
use of FD&C Red No. 3 in foods (including dietary supplements)
and as part of ingested drugs. The law potentially sets up a legal
challenge on federal preemption grounds.

As originally introduced in February 2023, AB 418 would have
included titanium dioxide (“TiO2”) among the prohibited
additives. Inclusion of TiO2 attracted national attention to the
issue and earned the bill the title of the “Skittles
Ban.” TiO2 is a common food additive found in coffee creamers,
sauces, and candies. The additive was removed from the list shortly
before revised AB 418 was passed by the California legislature.

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