California has become the first US state to ban some cancer-causing food additives, dubbed the ‘Skittles ban,’ which will force thousands of popular cereals, drinks and sweets brands to alter their recipes or face hefty fines.
The California Food Safety Act, which was signed by Governor Gavin Newsom on Saturday, outlines a complete ban on the manufacturing, sale or distribution of any food product that contains the following four substances: brominated vegetable oil, potassium bromate, propylparaben and red dye.
According to the Environmental Working Group, this new bill could impact up to 12,000 products which currently use those substances.
The law will take effect on 1 January 2027 and companies who don’t comply will face fines of up to $10,000.
Those in support have welcomed the bill, heralding it as an ‘important stand’ against toxic chemicals but some food companies have hit back, saying the law will create confusion for consumers and potentially raise food prices.
The new legislation became known as the ‘Skittles ban’ because an earlier version of the bill included the substance titanium dioxide, which is used as a colouring agent in sweets such as Skittles and Starburst.
But this final law, Assembly Bill 418, was updated in September to remove the mention of titanium dioxide. Which has led some to question, has it gone far enough?
WHY ARE SKITTLES BANNED IN SOME COUNTRIES?
The Environmental Working Group says titanium dioxide gives some types of sweets their smooth texture and bright colour. It’s used in Skittles, Starburst, Sour Patch Kids, Swedish Fish and Trolli gummies.
The Group says that scientists have warned for years about the potential health risks of titanium dioxide because it can accumulate in the body and lead to DNA damage and hormone disruption.
Earlier this year, a class-action lawsuit was filed against Mars, the maker of Skittles, Starburst and many other candies that use titanium dioxide, saying the company had “long known of the health problems” to which the food chemical can contribute.
WHEN WAS SKITTLES BANNED IN EUROPE?
The European Commission banned titanium dioxide (E171) as a food additive in the EU, as of August last year.
WHAT ABOUT A SKITTLES BAN IN THE UK?
However, despite this the UK has not followed suit. The UK’s Food Standards Agency (FSA) said after reviewing the evidence, no safety concerns have been identified.
Assemblyman Jesse Gabriel (D-Woodland Hills), who authored the new bill, hailed the move as a “huge step in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply,” reports the LA Times.
A similar bill, which would ban the same four chemicals plus titanium dioxide, is making its way through committee in the New York Legislature.
Ken Cook, president of the Environmental Working Group, which helped work on the bill, has heralded it a “milestone” in food safety.
However, critics of the new bill have said it could “undermine consumer confidence and create confusion around food safety,” notes the LA Times.
The National Confectioners Association said in a statement, that the law “replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs.
“They’re making decisions based on soundbites rather than science. We should be relying on the scientific rigour of the FDA in terms of evaluating the safety of food ingredients and additives,” it added.
Some large brands and manufacturers — including Coke and Pepsi — have voluntarily stopped using the additives already.
But for brands looking to achieve a healthier and more sustainable landscape in the future, the market is still littered with confusion.
Last month, a new EU study revealed that ‘eco-friendly’ paper straws, which have been adopted across the UK to replace throwaway plastic, were actually found to be more toxic than plastic.
Poly-and perfluoroalkyl substances (PFAS), which are described as ‘forever chemicals’ and potentially destructive to human health’ having been identified in 90% of paper and bamboo straws tested in Europe.
And with California banning some of these substances, the EU banning others and the UK not following suit, for consumers it’s also hard to navigate what it all actually means.
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