California Law Bans Additives Found in Candy, Soda, Other Sweets

While Halloween season is often a boon for candy and sweets manufacturers, California Governor Gavin Newsom just gave them a fright. 

On Saturday, Democratic Gov. Newsom signed the California Food Safety Act into law, which bans certain additives commonly found in candies and sodas. 

These include brominated vegetable oil, which was used in Mountain Dew until 2020, potassium bromate and propylparaben, which are used in some baked goods and Red dye 3, used in Skittles and some other candies. It is scheduled to go into effect on the first day of January, 2027.

All four of these targeted chemicals are banned in the European Union. The law initially also included a chemical called titanium dioxide, which is also banned in the European Union. 

The Environmental Working Group, an organization that focuses on food and environmental safety, estimated that the new law could possibly affect 12,000 products.

Propylparabens are used as preservatives in some highly processed goods. Brominated vegetable oil is an emulsifier that keeps liquids from separating, like in a beverage like a soda where multiple ingredients are morphed into one consistent liquid. Potassium bromate helps baked goods rise higher. Red Dye No. 3 is used in thousands of products, including many candies and cake mixes.

A toxicologist told ABC News that brominated vegetable oil has been linked to neurological problems, potassium bromate has been linked to issues with kidney function and hearing, propylparaben has been associated with hormonal dysregulation and irregular menstrual periods, and Red dye 3 is associated with cancer.

Officials from the European Union have ruled that titanium dioxide is unsafe as a food additive, citing evidence of genotoxicity, or its ability to damage DNA, which may make it carcinogenic. 

"It’s unacceptable that the U.S. is so far behind the rest of the world when it comes to food safety," said Assemblymember Jesse Gabriel, who introduced the bill along with Buffy Wicks in February, in a statement after the bill passed the legislature last month. "This bill will not ban any foods or products – it simply will require food companies to make minor modifications to their recipes and switch to the safer alternative ingredients that they already use in Europe and so many other places around the globe.”

The National Confectioners Association, a trade group for candy manufacturers, was spooked by the law going into the effect. 

“This law replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs,” it said in a statement.

Gov. Newsom pointed out delaying enforcement until 2027 will allow brands plenty of time to reformulate their products.

"Californians will still be able to access and enjoy their favorite food products, with greater confidence in the safety of such products," Gov. Newsom said.

TMX contributed to this report.