Fiona Nanna, ForeMedia News

8 minutes read. Updated 3:44AM GMT Thurs, 5 September, 2024

In a historic move that could reshape food safety standards nationwide, the California Legislature has passed a bill with bipartisan support, aimed at banning six chemicals in foods served at public schools. Known as Assembly Bill 2316, the bill seeks to eliminate the use of artificial dyes, including red dye No. 40, which have been linked to behavioral issues in children.

The California School Food Safety Act, introduced by Democratic Assemblymember Jesse Gabriel in February, is poised to become a pioneering piece of legislation if signed into law by Governor Gavin Newsom. The bill, which prohibits the use of red dye No. 40, yellow dyes Nos. 5 and 6, blue dyes Nos. 1 and 2, and green dye No. 3 in school foods, reflects growing concerns over the impact of synthetic additives on children’s health.

As the largest public school system in the United States, with over 6.3 million students and 10,000 schools, California’s decision could have significant implications. The bill is set to take effect on December 31, 2027, pending Governor Newsom’s approval by September 30. The legislation has been backed by the Environmental Working Group (EWG) and Consumer Reports, organizations advocating for healthier food environments.

The bill’s introduction follows a 2021 study by the California Office of Environmental Health Hazard Assessment, which found a correlation between these artificial dyes and behavioral difficulties in children, including decreased attention span and increased hyperactivity. Gabriel, who has been vocal about the bill’s importance, emphasized its significance not only for children with ADHD but for all students affected by these chemicals. “We know that the synthetic food dyes that are targeted by this bill can cause harm for all kids, but we know that there is a specially pronounced impact on a lot of our young people with ADHD and other challenges,” Gabriel stated during a news briefing hosted by the EWG.

Despite the push for legislative change, the U.S. Food and Drug Administration (FDA) maintains that the current safety assessments for these dyes are based on long-standing research. The FDA has acknowledged some evidence suggesting sensitivity to artificial colors in certain children but insists that overall, the dyes are safe under current regulations. The FDA continues to review emerging science and will host a public meeting in September to discuss the ongoing assessment of food chemicals.

Critics of the bill, such as John Hewitt of the Consumer Brands Association, argue that banning these dyes could lead to increased costs for schools and families, limit food choices, and create consumer confusion. “No industry is more committed to food safety than the consumer-packaged goods industry,” Hewitt said. “It’s unfortunate that scientifically proven, safe ingredients have been demonized for the purpose of advancing a political agenda.”

However, proponents, including Tony Thurmond, California’s state superintendent of public instruction and a bill cosponsor, emphasize the broader health implications. “The cost of our failure to act is much greater,” Thurmond said. The bill’s advocates believe that it could ultimately lead to financial savings by reducing the resources required to support children struggling academically due to diet-related issues.

If enacted, California’s law would align the U.S. food environment more closely with European standards, where such dyes are subject to warning labels. Gabriel hopes that the bill will encourage food manufacturers to reformulate products to exclude harmful chemicals, a practice already adopted in many other countries.

The EWG notes that while few foods in California schools currently contain the banned ingredients, the bill represents a major step forward in food safety. It also serves as a model for other states, with at least ten states considering similar legislation.

For parents concerned about artificial dyes in their children’s diets, experts recommend scrutinizing ingredient lists and opting for USDA-certified organic foods, which do not contain artificial dyes. Reducing consumption of sodas and processed foods, and emphasizing fresh fruits and vegetables, are practical steps to mitigate potential risks.

Actress Lesley-Ann Brandt, who has spoken about her family’s experience with nutrition and ADHD, underscores the importance of informed dietary choices. “We talk to him as if he’s an adult, and he knows we don’t eat this because of this, but here’s an alternative,” Brandt said, highlighting how nutrition can significantly impact children’s well-being and academic performance.

As California stands at the forefront of this critical issue, the outcome of Assembly Bill 2316 could set a precedent for food safety legislation across the United States and beyond.

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