California Assemblymember Jesse Gabriel introduced legislation on Tuesday that would prohibit public schools in the state from serving foods containing artificial dyes and additives. The bill, AB 2316, targets six synthetic food dyes and titanium dioxide, a whitening agent, due to their potential links to health issues such as hyperactivity, behavioral problems, and cancer.
The proposed legislation specifically targets Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3, as well as titanium dioxide, which is already banned in all foods across the European Union over concerns about its potential to damage DNA. If passed, California would become the first state in the nation to ban these additives from school meals.
"California has a responsibility to protect our students from chemicals that harm children and can interfere with their ability to learn," said Gabriel, a Democrat who struggled with ADHD himself, as reported by NBC News. "As a lawmaker, a parent, and someone who struggled with ADHD, I find it unacceptable that we allow schools to serve foods with additives that are linked to cancer, hyperactivity, and neurobehavioral harms."
The bill has garnered support from watchdog groups such as the Environmental Working Group (EWG) and Consumer Reports, who argue that these chemicals are harmful to children. Melanie Benesh, vice president of government affairs at EWG, criticized the FDA for being "asleep at the wheel" and not taking aggressive action to ensure the safety of food chemicals.
While the FDA maintains that color additives are safe for consumption when used according to regulations, a 2021 report by the California Environmental Protection Agency concluded that "consumption of synthetic food dyes can result in hyperactivity and other neurobehavioral problems in some children." The report also noted a significant increase in ADHD diagnoses among American children and teens in recent years.
Gabriel emphasizes that the goal of the legislation is not to ban specific foods or products, but rather to encourage companies to make minor modifications to the products they sell in California schools. "These are chemicals that are added to food to make them appear more appealing. But for all of them, there are specific alternatives," he stated, suggesting that natural substitutes such as turmeric, beet juice, or pomegranate juice could be used for coloring.
An analysis by the EWG found that if the bill passes, only a small percentage of foods served in California schools would be affected. Benesh estimated that the additives targeted by the bill are present in about 4% of foods served in cafeteria lunch lines and less than 3% of items sold through à la carte lines.
The International Association of Color Manufacturers and the International Food Additives Council, both trade groups, have opposed the bill, arguing that the FDA has determined these ingredients to be safe and that state-level bans undermine the agency's authority.
If signed into law, AB 2316 would go into effect at the beginning of 2025. The proposed legislation follows the passage of the California Food Safety Act last year, which banned four food additives linked to potential health problems, making California the first state to outlaw chemicals allowed by the FDA.
