Titanium Dioxide Removed from AB 418 List of Prohibited Substance

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California Senate Removes Titanium Dioxide from AB 418 List of Prohibited Substances

Friday, September 8, 2023

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The California Food Safety Act (AB 418) was amended by the Senate to remove titanium dioxide from its list of prohibited substances. Four substances remain on the list: brominated vegetable oil, potassium bromate, propylparaben, and Red dye 3. The amendment was made just before the Legislature was to cast the final vote on AB 418, but it is now ordered to a third reading.
Additionally, in a July amendment, the effectiveness date was amended from January 1, 2025 to January 1, 2027, which would give affected parties two additional years to comply if AB 418 is passed.
As we have outlined in two previous posts (available here and here), AB 418 would prohibit manufacturing, selling, delivering, distributing, holding, or offering for sale a food product that contains any of the now four remaining substances. Anyone found to be in violation of the Act would be liable for a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation.
If passed, AB 418 would be the first law of its kind in the United States. Advocates of the bill, including Consumer Reports and the Environmental Working Group, argue that these substances have not been adequately reviewed by the FDA and view this bill as a necessary step to remove harmful chemicals from the food supply. The European Union has already imposed restrictions or bans on use of these substances in food.