Could your favorite candies go away? Why California says recipes must change

Calif. Gov. Gavin Newsom signed a law on Oct. 7, making California the first state to ban four chemicals from food and drinks. It bans red dye No. 3, a food coloring used in candy like Peeps.

Calif. Gov. Gavin Newsom signed a law on Oct. 7, making California the first state to ban four chemicals from food and drinks. It bans red dye No. 3, a food coloring used in candy like Peeps. (Rick Smith, Associated Press)


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SALT LAKE CITY — Some of your favorite candies and other foods must soon undergo a recipe change or they will be banned in California.

California Gov. Gavin Newsom signed a law prohibiting the manufacture and sale of four chemicals that may be in as many as 12,000 food products. Food manufacturers have until 2027 to give companies time to change their recipes.

While the bill was referred to as the "Skittles ban," USA Today points out that's inaccurate. Titanium dioxide, used in Skittles, was removed from the bill's list of banned ingredients. The popular candy got a pass.

But the other chemicals that are banned are used in many food products, including cereals, sodas and various candies.

California lawmakers recently passed Assembly Bill 418. At issue was red dye No. 3 and three other chemicals sometimes used in food that may contribute to cancer, memory loss and other health issues.

According to a press release from Jesse Gabriel, the bill's sponsor, his effort is the first legislative proposal in the country that would ban the sale of processed foods that contain "dangerous chemicals" that have already been outlawed in 27 European nations. There, the food items have been reconfigured to be sold without those ingredients.

Per the release, "Assembly Bill 418 would prohibit the manufacture, sale, or distribution of any food product in California containing Red Dye No. 3, potassium bromate, brominated vegetable oil, or propyl paraben. Each of these chemicals is currently banned in the European Union due to scientific studies that have demonstrated significant public health harms, including increased risk of cancer, behavioral issues in children, harm to the reproductive system, and damage to the immune system."

Gabriel notes that "thousands of chemicals are added to food to make it last longer, taste better and appear more enticing." But he notes that most of the chemicals have not been evaluated in decades, if ever, by the U.S. Food and Drug Administration to determine if they pose health risks.

According to ABC News , "With the exception of red dye No. 3 used in candied cherries, regulators in Europe previously banned the other four substances outright. In the U.S., such a move would set a precedent for processed food safety going forward. California is the first state to impose such a prohibition."

Dr. Stephanie Widmer, an ABC News medical contributor who is board-certified as an emergency medicine physician and medical toxicologist, told ABC that consumers should be aware of chemicals in food, but "not make themselves crazy" over exposures — especially small ones.

The article said she earlier told "Good Morning America" that "you can't go nuts trying to track down everything in your food."

While signing the bill, Newsom said the law is a "positive step forward" and urged the FDA to set national regulations on the use of the four additives.

"Rebuking the misnomer of 'the Skittles ban' for the law, Newsom pointed out in his statement that the popular candy continues to be sold in places like the European Union despite existing bans on a number of chemical additives and colorants," USA Today reported.

"The food industry is capable of maintaining product lines while complying with different public health laws," Newsom said. "Californians will still be able to access and enjoy their favorite food products, with greater confidence in the safety of such products."

Just Born, which manufactures Peeps, said the dye is not banned by the FDA. And it told the Associated Press that it is looking for other dye options.

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Lois M. Collins
Lois M. Collins covers policy and research impacting families for the Deseret News.

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