California has enacted groundbreaking legislation to enhance the safety of school food.
Governor Gavin Newsom signed a bill banning the use of red dye No. 40 and five other chemicals in public school meals.
Scope of the Legislation
On September 28, California became the first state to pass a law banning red dye No. 40 and five other chemicals in school food. These chemicals are commonly found in popular cereals, ice creams, and candy. The law, known as Assembly Bill 2316, takes effect on December 31, 2027.
The bill was introduced by Assemblymember Jesse Gabriel in February. It prohibits school districts, county superintendents, and charter schools from offering food or beverages containing red dye No. 40, yellow dyes Nos. 5 and 6, blue dyes Nos. 1 and 2, and green dye No. 3 in grades kindergarten through 12.
Reasons Behind the Ban
California’s decision stems from concerns over the potential health risks posed by these dyes. A 2021 study by the California Office of Environmental Health Hazard Assessment linked these dyes to behavioural difficulties and decreased attention among children.
Assemblymember Gabriel shared his personal experience with ADHD, explaining the bill’s importance for children struggling with similar issues. “These dyes are particularly harmful to young individuals with ADHD,” he pointed out during an August briefing.
FDA’s Position and Response
The US Food and Drug Administration’s (FDA) regulations on these food dyes are based on outdated research from 35 to 70 years ago, according to Gabriel and the Environmental Working Group (EWG).
Although the FDA acknowledges the potential sensitivity of certain children to these dyes, its assessments suggest that most children experience no adverse effects. The FDA commits to continuing its evaluations and supporting international safety assessments conducted by organisations like the World Health Organization.
Impact on the Public School System
California’s public school system, the largest in the US with over 6.3 million students, will see significant changes due to this law. State Superintendent Tony Thurmond noted the high rates of illnesses such as asthma, diabetes, and heart disease among children in the nation as a critical factor for this legislative measure.
The bill could also result in cost savings for California by reducing the resources needed to assist children facing behavioural and learning challenges related to these dyes, Gabriel mentioned.
Industry and Expert Reactions
John Hewitt of the Consumer Brands Association criticised the bill, claiming it demonises safe ingredients to advance a political agenda. He suggested the legislation could increase costs, reduce choices, and create confusion for schools and families.
Supporters, however, believe the bill aligns US food safety standards more closely with those of the European Union, where similar products are required to have warning labels. Gabriel expressed confidence that manufacturers could modify recipes to exclude these harmful chemicals.
Parental and Community Guidance
Parents concerned about these dyes can check ingredient lists on packaged foods to avoid them. The Environmental Working Group suggests opting for USDA-certified organic foods, which do not contain artificial dyes.
Offering alternatives rather than outright denial might be the best strategy. Emphasising brightly coloured fruits and vegetables can also compete with the allure of processed foods. Actress Lesley-Ann Brandt shared her experience of discussing nutrition with her son, highlighting the importance of making informed food choices.
California’s pioneering legislation marks a significant step towards improving the nutritional quality and safety of school food. By eliminating these harmful dyes, the state aims to protect children’s health and enhance their learning environments.
