California Bans Food Dyes Found in Flamin' Hot Cheetos and M&Ms in Schools in 2028

Students prepare to eat their lunches at a school in the Los Angeles Unified School District in Los Angeles, Calif., on Jan. 8, 2024. John Fredricks/The Epoch Times

California schoolchildren may no longer be able to buy a bag of Flamin’ Hot Cheetos or snack on M&Ms during break time in 2028 following Gov. Gavin Newsom’s approval of a new law banning six food dye additives deemed harmful.

“Our health is inextricably tied to the food we eat—but fresh, healthy foods aren’t always available or affordable for families,” Newsom said in a statement after signing the bill into law Sept. 28. “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.”

Assembly Bill 2316, authored by Assemblyman Jesse Gabriel, an Encino Democrat, is a first-in-the-nation law that bans California public schools from serving or selling foods that contain six synthetic food dyes linked to developmental and behavioral harms to children.

Specifically, those food dye additives are Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6. They can be found in many types of candy, chips, soft drinks, fruit juice drinks, and other snacks and drinks.

“California has a responsibility to protect our students from chemicals that harm children and interfere with their ability to learn,” Gabriel said in a statement Aug. 29 after the bill passed the legislature. “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 hyperactivity and neurobehavioral harms.”

The bill empowers schools to protect the health and well-being of schoolchildren, Gabriel said.

The prohibition, which will go into effect Dec. 31, 2027, applies to all school meals and foods sold to students from midnight the night before to 30 minutes after the end of the school day.

Gabriel said he introduced the legislation after a 2021 report by the California Environmental Protection Agency found that consumption of synthetic food dyes can cause hyperactivity and other neurobehavioral problems in some children.

Scientists studied synthetic food dye exposure from foods in pregnant women, women of childbearing age from 18 to 49, and children of different ages.

The highest dye exposures were to Red 40, followed by Yellow 5 and Yellow 6, according to the study. Fruit juice drinks and soft drinks were the dominant source of exposure to Red 40 among children up to 16 years old. Over-the-counter grape-flavored cough, cold, and allergy medicine was also a major source of the red dye.

Powdered fruit-flavored drinks and fruit juice drinks were the primary sources of exposure to Yellow 5. Pasta-based meals made from a mix were also a major source of the dye.

Fruit juice drinks and soft drinks were also the biggest source of exposure to Yellow 6, the report found.

Starting after 2027, all California public schools will be prohibited from selling foods that contain Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6. Tim Boyle/Getty Images

Researchers also found that the percentage of American children and adolescents diagnosed with attention deficit/hyperactivity disorder (ADHD) increased from 6.1 percent to 10.2 percent in the past 20 years.

Concerns about the increasing rates of ADHD and other behavioral disorders prompted the legislature to ask the state’s Office of Environmental Health Hazard Assessment to study food dyes.

“Evidence shows that synthetic food dyes are associated with adverse neurobehavioral outcomes in some children,” the agency’s Director Lauren Zeise said in 2021.

The state report found that current federal levels of synthetic food dyes considered safe for eating “may not sufficiently protect children’s behavioral health,” according to a legislative review of the bill.

California State Superintendent of Public Instruction Tony Thurmond supported the new law, saying it was an important step forward for healthy school environments.

“Healthy, safe school meals are foundational to our students’ well-being and ability to learn,” Thurmond said in a statement after the bill passed the legislature. “As someone who depended on school meals growing up, I know how critical it is that our children receive food at school that is nutritious and is never harmful.”

The California Medical Association was in favor of the legislation, saying it supported the plan to make all food available to schoolchildren meet scientifically based nutritional standards. The association was also in favor of prioritizing whole foods for schoolchildren.

“Introducing children to whole foods helps establish healthy eating habits that continue through adulthood,” the association stated in a legislative assessment of the bill.

A Nettelhorst Elementary School student selects food from a salad bar during lunch in Chicago, in a file photo. Tim Boyle/Getty Images

Consumer packaged goods companies, represented by the Consumer Brands Association, opposed the legislation.

“Food safety is a paramount concern to our members, however, this measure usurps the comprehensive food safety and approval system for these colorings, would limit the availability of wholesome and healthy foods, and eliminates common opportunities for fundraising for sports teams and student clubs,” the association stated, according to a legislative assessment.

The new law follows last year’s passage of Assembly Bill 418, also authored by Gabriel, called the California Food Safety Act. The law banned four chemicals from foods sold in the state and sparked a national conversation about U.S. food safety laws, the lawmaker said.

The law bans brominated vegetable oil, potassium bromate, propylparaben, and Red dye 3 from being sold, manufactured, delivered, or distributed in the state after Jan. 1, 2027.

Brominated vegetable oil is used to help emulsify citrus-flavored diet soft drinks. Potassium bromate is used in bread dough and other baked goods to help strengthen the dough and enhance its texture.

Propylparaben is a preservative used in food, pharmaceuticals, and personal care products, mimicking estrogen, and can disrupt endocrine systems. Red dye 3 is a preservative and food coloring derived from petroleum.