Governor Newsom has signed the first U.S. law prohibiting six chemicals from school foods

California Governor Gavin Newsom has enacted a law banning red dye No. 40 and five other chemicals from foods served in public schools.

On September 28, California became the first state to prohibit these ingredients, commonly found in various popular items such as cereals, ice creams, drinks, candy, ice pops, and cheese-flavored chips. The law, known as the California School Food Safety Act, will take effect on December 31, 2027.

Introduced by Democratic Assemblymember Jesse Gabriel in February, Assembly Bill 2316 prevents school districts, county superintendents, and charter schools from offering any foods or beverages that contain red dye No. 40, yellow dyes Nos. 5 and 6, blue dyes Nos. 1 and 2, and green dye No. 3. California has the largest public school system in the nation, serving over 6.3 million students across 10,000 schools.

The bill was prompted by concerns that these dyes might adversely affect children’s learning abilities, having been linked to behavioral issues and reduced attention spans, according to a 2021 study by the California Office of Environmental Health Hazard Assessment.

Assemblymember Gabriel stated, “California is once again leading the nation in protecting our kids from harmful chemicals.” He emphasized the bill’s significance to him personally, noting his own childhood struggles with ADHD and its relevance for his child who also faces similar challenges.

Despite the existing FDA regulations being based on outdated research, Gabriel and the Environmental Working Group argue for the need to reassess the safety of these dyes. The FDA has acknowledged that while most children do not show adverse effects from color additives, some may be sensitive to them.

John Hewitt from the Consumer Brands Association expressed disappointment that safe, scientifically proven ingredients have been criticized for political reasons. He warned that the new law could incur costs for schools and families, limit choices, and create confusion among consumers.

However, supporters like Superintendent Tony Thurmond highlight the greater cost of inaction in a country where child health issues are prevalent. Gabriel pointed out that the bill could ultimately save California money by alleviating the need for additional resources to support children struggling in school.

The law aligns California’s food policies more closely with those of the European Union, where such dyes require warning labels. Gabriel mentioned that the goal of the bill is to encourage food manufacturers to modify their recipes to eliminate harmful chemicals while maintaining the same popular products.

Although few school foods in California currently use the banned ingredients, Gabriel believes the law represents a significant victory for food safety that could influence other states, as at least ten others have begun drafting similar legislation.

Parents concerned about these dyes can check ingredient lists and choose alternatives, such as USDA-certified organic foods, which do not contain artificial dyes. Emphasizing fresh fruits and vegetables can also provide healthier options for children.

Actress Lesley-Ann Brandt shared her approach to discussing healthy food choices with her son, emphasizing the importance of nutrition based on her family experiences and her brother’s childhood ADHD challenges. She noted how nutrition played a crucial role in his academic performance and self-esteem.

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