In the near future, public school kids in California won’t be able to simply “follow their nose” to find a bowl of Fruit Loops on campus. By then, things like Hot Cheeto fingers and your favorite M&M might be a thing of the past.
Gov. Gavin Newsom recently signed the California Food Safety Act (AB 2316) into law, which bans public schools from serving or selling products with certain types of artificial food dyes. The list of banned dyes is included in current product formulations for popular products such as Doritos, Cap’n Crunch, Froot Loops, Flamin’ Hot Cheetos, M&Ms, and some brands of sports drinks.
In the name of health. That’s what California lawmakers say they’re working to protect with the ban. As reported by The Los Angeles Times, the bill’s authors cited a 2021 report from the California Office of Environmental Health Hazard Assessment that links synthetic food dyes to hyperactivity and other neurobehavioral problems in children.
“Our health is inextricably tied to the food we eat–but fresh, healthy foods aren’t always available or affordable for families,” Newsom said in a statement. “Today, we are refusing to accept the status quo, and making it possible for everyone, including school kids, to access nutritious, delicious food without harmful, and often addictive additives.”
What the ban entails. California’s law bans six dyes: Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6. This means that schools can’t serve or sell items with these dyes. There are some exceptions. The law allows the sale of items with these dyes if the sale is for a fundraising event and takes place half an hour after the end of the school day. Selling these items at off campus fundraising events is allowed, too.
Notably, the law doesn’t ban specific food products, just the use of dyes in their current formulas. It requires manufacturers to replace the dyes with natural alternatives, such as carrot or beet juice, which some already do for products sold in Europe. The law goes into effect in December of 2027.
What the science says. The 2021 report that prompted the ban analyzed seven synthetic food dyes that have been authorized by the Food and Drug Administration. The report analyzed existing studies on the effects of synthetic food dyes on children. In particular, it pointed to a series of studies that placed children on a dye-free diet for several weeks and then analyzed their behavior. They were then given food and drink with synthetic dyes for comparison.
According to the report, the studies indicate that some children are more adversely affected by synthetic dyes than others. It also pointed out that FDA regulations around food dyes were based on studies that were between 35 and 70 years old, with the California agency stating that the standards do not reflect current scientific knowledge.
Food industry representatives claim laws like the one in California will create a patchwork of laws that will negatively affect consumers and the economy.
At odds with regulators. The FDA, for its part, doesn’t see any reason to ban the food dyes. In a statement issued to USA Today, the agency said it had reviewed the research on the effects of synthetic dyes on children, including the studies cited by the law.
“The totality of scientific evidence shows that most children have no adverse effects when consuming foods containing color additives, but some evidence suggests that certain children may be sensitive to them,” the FDA said.
Sarah Karalunas, a professor at Purdue University who is an expert in ADHD, told the outlet that more studies are needed to provide a definitive answer as whether color additives are harmful. There is probably some kind of link or effect, Karalunas said, though it appears to be “very small.”
Other states may follow suit. USA Today reports that at least 10 other states, including Illinois and Pennsylvania, are working on similar bills to ban synthetic food dyes. The Illinois Senate passed a bill in April to ban the use of Red Dye 3, which some experts say may cause cancer in animals.
The FDA currently prohibits makeup companies from using Red Dye 3 in their products, but still allows its use in food. Red Dye 3 is a food additive made from petroleum that gives foods a cherry red color.
“(Red dye 3) was banned by the FDA for use in makeup over 30 years ago. So, the FDA doesn’t allow you to put it on your face for makeup. But yet kids are eating this in candy,” Illinois state Sen. Steve McClure said in April, according to local outlet WTTW. “That to me is outrageous. So, for that reason I am voting for this bill.”
Images | JLS Photography - Alaska | Justin Ennis
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