CA To Ban Popular Food Brands From Schools

CALIFORNIA — Popular staples like Hot Cheetos, Twinkies and Cap'n Crunch will soon be banned from California school meals, snacks and drinks under a new law signed by Gov. Gavin Newsom prohibiting artificial food dyes.

Though this bill builds off of another that banned additives used in sweets like Peeps, colored drinks and other treats — California is the first state in the nation to bar artificial dyes from school meals.

"This bipartisan law will empower schools to better protect the health and well being of students and sends a strong message to manufacturers to stop using these harmful additives," said the bill's author, Rep. Jesse Gabriel (D-Encino).

2316 AB — known as the California School Food Safety Act — will forbid schools from serving foods containing six synthetic food dyes and additives that have been linked to health issues in children.

Beginning Dec. 31, 2027, Blue 1, Blue 2, Green 3, Red 40, Yellow 5 and Yellow 6 will be prohibited from school districts, county superintendent of schools or a charter school with grades kindergarten through the 12th grade.

These dyes have been known to cause cancer, immune system damage, neurobehavioral issues and hyperactivity in children, the state said.

"Our health is inextricably tied to the food we eat – but fresh, healthy foods aren’t always available or affordable for families. 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," Newsom wrote in a statement.

Manufacturers reportedly spoke out against the restrictions.

“The approach taken by California politicians ignores our science and risk based process and is not the precedent we should be setting when it comes to feeding our families,” John Hewitt, a senior vice president at Consumer Brands Association told CalMatters.

While some opponents argue that food regulations should be left up to the federal government, state advocates say the Food and Drug Administration's restrictions may not be adequate.

In 2021, California's environmental hazard research firm published a report detailing the harms caused by synthetic food dyes. The study found that such dyes impact neurobehavior in some children and that the FDA's current recommended daily intake may not protect children from these impacts.

Days before Newsom signed the bill, Frank Yiannas, former FDA deputy commissioner of food policy and response, criticized the bill in an opinion piece published in The Orange County Register.

"While this action is well-intended, if enacted, it does set a dangerous precedent on how food safety standards in our nation are best established," Yiannas wrote. "Without relying on a strong, science-driven federal food safety agency, our country is left with a state-by-state patchwork of different, emerging regulatory standards that would weaken our nation’s food system and food safety efforts."