On Saturday, California's Governor Gavin Newsom signed into law a bill that effectively outlaws four commonly used food additives within the state. One of the additives under scrutiny is the contentious red dye no. 3, already banned in the European Union.
Red dye no. 3 is a coloring agent employed in various products marketed to children, including Skittles and PediaSure, as well as non-red foods such as mashed potatoes and rice. This decision comes following concerns raised by the Center for Science in the Public Interest. Under the new California Food Safety Act, the production, sale, or distribution of food items containing this dye and three other popular additives – potassium bromate, brominated vegetable oil, and propylparaben – is now prohibited.
What is Red Dye No.3?
Red dye no. 3, or Erythrosine, has historically been used to impart a vibrant red color to various foods and products. While its usage has been significantly reduced in recent years due to health concerns, it can still be found in certain items. Common foods and products that may contain or have contained red dye no. 3 include:
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Candies: Skittles, certain varieties of gum, and some fruit-flavored hard candies.
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Maraschino Cherries: These bright red cherries used for garnishing desserts and cocktails may be colored with red dye no. 3.
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Cakes and Baked Goods: Some red-colored cakes, frostings, and bakery items may have used this dye for coloring.
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Canned Fruits: Some canned fruits, particularly those in syrup, may have been colored with Erythrosine to enhance their visual appeal.
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Gelatins and Puddings: Certain red gelatin desserts and instant pudding mixes could contain red dye no. 3.
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Medications: Red dye no. 3 has been used in some medications to color pills and capsules, although this practice has been largely discontinued due to concerns over allergies and adverse reactions.
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Cosmetics: In the past, Erythrosine was used in cosmetics, especially lipsticks and blush, for its red pigment. However, it has been largely phased out in favor of safer alternatives.
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Personal Care Products: Some personal care items like toothpaste and mouthwash may have contained Erythrosine as a coloring agent.
What California is Doing About It
In an accompanying statement regarding the bill, Governor Newsom emphasized the fact that Skittles, a product often associated with this legislation, is available in the European Union using ingredients compliant with their more stringent regulations. He remarked, "There have been many misconceptions about this bill and its impacts. For example, attached to this message is a bag of the popular candy 'Skittles,' which became the face of this proposal. This particular bag of candy comes from the European Union — a place that already bans a number of chemical additives and colorants. This is demonstrable proof that the food industry is capable of maintaining product lines while complying with different public health laws, country-to-country."[1]
Red dye no. 3 has been previously linked to thyroid cancer and was banned for cosmetic use in the United States in 1990.[2] Oddly enough, it wasn't federally banned for food consumption at that time. Consumer Reports, in conjunction with the nonprofit Environmental Working Group, co-sponsored the bill advocating for this ban.[3]
In a Washington Post article, Lisa Lefferts, a scientist and consultant to the Center for Science in the Public Interest, questioned the rationale behind the inconsistency, stating, "The FDA says it isn't safe enough to put it on our cheeks, but it's okay to put it in our mouths?" [4]
Another banned substance, potassium bromate, is recognized as an effective dough enhancer and maturing agent, according to the National Institute of Health. However, it is classified as a "possible carcinogen." This chemical is already prohibited in the European Union, India, and China, as reported by CBS News.[5]
Brominated vegetable oil, which is also now banned under this legislation, is typically used in some beverages to prevent the separation of citrus flavoring. This substance is already banned in the European Union.[6,7]
Additionally, the bill bans propylparabens, which are used for antimicrobial food preservation. The Environmental Working Group suggests that propylparabens can mimic estrogen and disrupt the endocrine system.[8]
While the National Confectioners Association expressed its opposition to the bill, labeling it a "slippery slope" that could "create confusion around food safety" and "increase food costs," Governor Newsom emphasized that the bill's implementation will be postponed until 2027.[9] This delay provides ample time for brands to adjust their recipes to exclude these harmful additives.
Questions? Call PIH at 609.512.1468 for more information.
