By Marie E. Matyjaszek
California has always been a forward-thinking state and its food additive ban is no exception.
European countries have banned certain foods for years based on ingredients that are considered unhealthy, like dyes, trans fats, and chemicals. Frosted Flakes cereal and Wheat Thins are forbidden in the United Kingdom, Japan, and other areas in Europe because they contain BHT – butylated hydroxytoluene – for flavor. Artificial colors from dyes yellow 5 and 6, and red 40 are completely nixed in the European Union (EU).
When thinking of bright, eye-catching colors and food, one popular candy easily comes to mind – Skittles. The popular candy is manufactured by Mars, and its website weaves an intergalactic tale that Skittles formed 208 million years ago, from an explosive geyser that spewed forth multiple flavors and colors of Skittles. Dinosaurs enjoyed the rainbow candy until 142 million years later, when a “Great Rainbow of BOOM” buried the poor dinos in candy. Who knew this is what really happened – once Florida finds out, expect a science textbook change.
Not everyone is as enthusiastic as the website makes it seem, however. In 2022, a California consumer filed a lawsuit because Skittles contains titanium dioxide (aka TiO2), which is banned in the EU for health and safety reasons. The U.S. hasn’t banned this chemical, but it is limited to 1 percent by weight of the food it’s contained in.
California Assembly Bill 418 aims to remove chemicals red dye 3, potassium bromate, and brominated vegetable oil or propyl paraben, which are already banished from 27 EU countries. The original bill planned on sending TiO2 into exile, and not surprisingly there was a lot of blow-back from Skittles lovers. However, the bill has since removed this chemical from the banned list, saving Skittles from rethinking its recipe.
Multiple companies have voluntarily stopped using certain ingredients in their products, most likely because they can see the writing on the wall and anticipate that the U.S. will eventually catch up to other countries with additive bans. The banned ingredients have been accused of being potential links to cancer, and reproductive issues, as well as developmental and behavioral issues in children (not just the sugar high everyone expects).
The bill provides 4 years for companies to get their act together, with it being effective January 1, 2027. Violations could cost companies up to $10,000. Having passed its final vote, the bill is on its way to Governor Gavin Newsom’s desk. With the exclusion of the Skittles’ ingredient, Californians can continue to taste the rainbow.
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The author is an Attorney Referee at the Washtenaw County Friend of the Court, the views expressed in this column are her own. Email her at matyjasz@hotmail.com.
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