California's Bold Move: A New Ban on Harmful Food Dyes

Some synthetic food dyes are linked to behavioral issues in kids. A new California law bans them from school snacks by 2028.

Food safety and children’s health is making headlines again this week. We previously reported in early August about the EPA’s ban of pesticides for vegetables found to be harmful to fetuses. This week saw California Governor Gavin Newsom sign new state legislation with the California School Food Safety Act, the first law of its kind in the U.S. to ban six harmful synthetic dyes from food served in public schools.

What it means: When it goes into effect on Dec. 31, 2027, the law will prohibit K-12 public schools in California from offering foods containing six dyes — Blue No. 1, Blue No. 2, Green No. 3, Yellow No. 5, Yellow No. 6 and Red No. 40.

Why it matters: The ban is based on concerns that these synthetic food dyes have negative impacts on children's health and behavior. These chemicals have been studied and found to be linked to hyperactivity and neurobehavioral problems in some children. The banned food dyes are prevalent in many popular foods that are also heavily marketed toward children.

What the Research Found

In 2021, the California Office of Environmental Health Hazard Assessment released a study finding that many food dyes and colorants are known to make some children vulnerable to behavioral difficulties and decreased attention. This includes the six dyes covered by the newly enacted California School Food Safety Act. 

Prior studies used by the U.S. Food and Drug Administration (FDA) to develop current safety standards of artificial dyes in food did not assess neurological outcomes that have since been associated with food coloring. That research, which is as much as 35 to 70 years old, instead looked for physiological toxic effects, such as weight gain or decreased liver function in animals.

EWG and Consumer Reports cosponsored the California School Food Safety Act.

“School meals provide essential nutrition and calories for countless children each day,’ said Tasha Stoiber, Ph.D., Environmental Working Group (EWG) senior scientist. ‘Kids deserve wholesome foods that enhance their learning rather than detract from it, and parents need to feel confident schools are offering meals that are both safe and nutritious.”

Impact to Expect from the Ban

The law will affect California's public school system serving more than 6 million students across 10,000 schools. This legislation follows the California Food Safety Act enacted last year, which banned four food additives, including Red Dye No. 3, in all food sold in the state.

“California is once again leading the nation when it comes to protecting our kids from dangerous chemicals that can harm their bodies and interfere with their ability to learn,” said Assemblymember Jesse Gabriel, a Democrat from Encino who authored the law. 

The new law could prompt other states to consider similar bans, with Pennsylvania already considering one. It aligns the U.S. food landscape more closely with that of the European Union, where products containing these dyes must carry warning labels. Advocates hope this state-level action will spur the FDA to reassess the safety of these dyes, which haven't been reviewed for decades.

This legislation represents a significant step in food safety regulation, particularly concerning children's health, and may influence national policy and food industry practices in the coming years.

Which Foods Contain the Dyes & What to Avoid 

Food dyes have previously been deemed safe to consume by the FDA, and are often used to enhance the appearance of foods, making them more visually appealing, especially to children. It's worth noting that food dye consumption has increased significantly over the past 50 years, with children being the largest consumers.

The banned food dyes are prevalent in many popular foods that are heavily marketed toward children. For example, candy like M&M's, Skittles, and Starburst, as well as sweets like white marshmallows, ice cream, popsicles, cupcakes and cake pops. Sports drinks and fruit-flavored beverages like Sunny D and Kool-Aid Jammers, breakfast cereals like Fruity Pebbles and Trix, fruit snacks, and cheese-flavored potato chips like Doritos are also made with some of the dyes. You might be surprised that the dyes are also in pickles, jerky, deli meats and processed cheese, condiments, sauces, and even some processed vegetables.

How to Avoid Foods with Harmful Artificial Dyes

You can avoid foods with harmful artificial dyes by taking a few practical steps below. 

Read Labels Carefully - Check ingredient lists for terms like "artificial color," "FD&C Red 40," "Yellow 5," etc. Be especially vigilant with packaged and processed foods, which are more likely to contain artificial dyes.

Choose Whole, Unprocessed Foods - Focus on fresh fruits and vegetables, whole grains, legumes, nuts, seeds, and unprocessed meats. These naturally colorful whole foods are free from artificial dyes.

Buy Organic - USDA certified organic products cannot contain artificial food dyes. Look for the USDA organic seal when shopping.

Be Cautious with Certain Food Categories - Pay extra attention to the aforementioned foods that commonly contain artificial dyes and are often marketed to children. 

Cook More at Home - Prepare meals and lunches from scratch using whole ingredients to have full control over what goes into your child’s food.

Seek Out Natural Alternatives - Look for products colored with natural ingredients like beet juice, turmeric, or spirulina. Some brands specifically advertise being free from artificial dyes.

Educate Your Family - Talk to your children about making healthy food choices and avoiding artificial dyes. Encourage them to choose naturally colorful fruits and vegetables instead of artificially colored foods.

By taking these steps, you can reduce your child's exposure to potentially harmful artificial food dyes while improving the quality of their everyday diet.

Check out our blog Sustainability Matters at Young Eden, the planet-friendly children's fashion marketplace that exclusively sells organic and sustainable fashion for your baby, toddler and kid. Read about why organic cotton is best for your baby, and the planet too.