Amended Food Additive Bill Advances to California Governor’s Desk

Shook, Hardy & Bacon L.L.P.

The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food additives, removing titanium dioxide from the list of prohibited additives and pushing back when the law would take effect. Assembly Bill 418, also known as the California Food Safety Act, goes to Governor Gavin Newsom for final approval.

The amended version of the bill would take effect January 1, 2027, pushed back from the enforcement date of January 1, 2025, in the version of the bill passed by the Assembly. It prohibits persons or entities from manufacturing, selling, delivering, distributing, holding or offering for sale in commerce a food containing brominated vegetable oil, potassium bromate, propylparaben or Red Dye No. 3. The original bill also included titanium dioxide.

The bill was brought by Assemblymember Jesse Gabriel and co-sponsored by the Environmental Working Group and Consumer Reports. In a statement, Gabriel said he and the bill’s co-sponsors are thrilled to move the bill forward. “This marks a major step forward in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply,” he said.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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