On June 28, 2023, the California Senate Committee on Health approved Assembly Bill 418 (AB 418), which would end the use of certain chemicals in food products sold in California. The bill has already passed California’s lower house and will soon be voted on by the full California Senate. If passed, the bill will go into effect on January 1, 2025.

As we have outlined in a previous post, the bill would prohibit manufacturing, selling, delivering, distributing, holding, or offering for sale a food product that contains any of the following substances: 1) brominated vegetable oil, 2) potassium bromate, 3) propylparaben, 4) Red Dye No. 3, and 5) titanium dioxide. The European Union has already imposed restrictions or bans on use of these substances in food. 

If passed, AB 418 would be the first law of its kind in the United States. Advocates of the bill argue that these substances have not been adequately reviewed by the U.S. Food and Drug Administration (FDA) and view this bill as a necessary step to remove harmful chemicals from the food supply. However, apart from factual questions regarding the safety of the substances, the bill also raises interesting questions regarding state authority to restrict the use of food additives that have been approved by FDA. 

AB 418 has garnered support from various non-governmental organizations, including  Consumer Reports and The Environmental Working Group. Given California’s economic influence, this bill has the potential to significantly impact the food industry well beyond California.  Keller and Heckman will continue to monitor and report on any developments in this area.