Gov. Gavin Newsom signed first-in-the-nation legislation on Saturday that will prevent public schools in California from serving food dyes that color Froot Loops, Flamin’ Hot Cheetos and other processed snacks.
The blue, green, yellow and red additives affected by the ban have been linked to hyperactivity and other behavioral issues, particularly in people who have attention-deficit/hyperactivity disorder, or ADHD.
The signing marks the second time in as many years that Newsom has endorsed nutritional rules opposed by the food industry. He also signed legislation last year that outlawed the sale of foods containing other additives.
“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."
Makers of at least one product affected by the 2023 ban — Peeps — chose to change their formula rather than withdraw marshmallow chicks from store shelves, according to the Los Angeles Times.
Stores will still be able to sell foods containing the dyes covered by the new law. But Assemblymember Jesse Gabriel, the author of both additive laws, hopes this latest change will incentivize more companies to edit their recipes.
“We think it's unlikely that folks are going to produce one version of their product for California and a different version for Kansas,” Gabriel, who has ADHD and has spoken about how additives have affected him, told reporters last month. “We believe that if this bill is signed into law, it's going to have the additional added benefit of helping to protect kids across the United States.”
Industry lobbyists disputed California Environmental Protection Agency reports associating dyes with health effects, and even argued the rules could limit fundraising opportunities for school sports teams that hold bake sales. They convinced legislators to remove a ban on titanium dioxide — which is outlawed in the European Union and contained in snacks including Skittles — from the bill before it reached Newsom’s desk.
The legislation drew widespread support from both parties in the state Legislature, and picked up votes after it was narrowed through amendments. But industry resistance remained.
“Safe ingredients have been demonized for the purpose of advancing a political agenda,” John Hewitt of the Consumer Brands Association previously told POLITICO in a statement. “The passage of this bill could cost schools and families money, limit choice and access, and create consumer confusion.”
The law will take effect Dec. 31, 2027.
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