Food Policy

California Lawmakers Target Harmful Food Dyes Coloring Public School Foods

In a bipartisan bill, California lawmakers are attempting to ban six harmful food dyes from being used in foods provided to public school students during regular school hours.

These dyes, which have not been officially evaluated by the U.S. Food and Drug Administration (FDA) for decades, have recently been linked to serious health problems. Particularly in children.  This activity follows the movement of the state’s position on certain potentially harmful chemicals no longer allowed for sale or manufacture in California. An action the state has been working on for nearly 40 years.

Six Harmful Food Dyes on the Radar

This bill, Assembly Bill 2316, aims to ban six armful food dyes from foods provided to children during the school day.

These include:

  • Blue Dye No. 1
  • Blue Dye No. 2
  • Green Dye No. 3
  • Red Dye No. 40
  • Yellow Dye No. 5
  • Yellow Dye No. 40

With the exception of being part of a school fundraising event taking place “off of and away from school premises” or “at least one-half hour after the end of the school day,” where a school day also includes Saturday, Summer, and School Sponsored field trips, this bill would ban these harmful food dyes beginning December 31, 2027.

Why ban food dyes?

What’s the Problem with Food Dyes?

Why do lawmakers care about food dyes?

These dyes are often used to make food appear more appealing or appear to contain fruits or vegetables (for example, orange to imply carrots as an ingredient). While deceptive, that isn’t the major cause for concern.

Yes. A more natural diet is logically better for the body. But how bad can a little dye be?

Turns out, it can be pretty bad.

In fact, it could be contributing the behavioral episodes seen in many classrooms across the country.

Independent Studies Show Neurobehavioral Effects of Harmful Food Dyes in Children

According to the Center for Science in the Public Interest, “evidence of the link between synthetic food dyes and neurobehavioral problems in children, including hyperactivity and inattention, has been accumulating for decades.”

According to reports, the harmful food dyes can cause or exacerbate hyperactivity, inattentiveness, and restlessness. Things many children already struggle with, without the contribution of harmful food dyes.

Some studies have even found sleeplessness, irritability, and aggression can be related to consuming these synthetic dyes.

Effects May be Short-Term, However Chronic Effects Can Cause Long-Term Consequences

Both short-term effects and long-term consequences have been observed with continued exposure to these harmful food dyes.

The neurobehavioral effects from consuming these dyes may last hours, days, or even weeks, resolving after discontinued exposure. However, with repeated consumption of foods, supplements, and medications containing these dyes, effects may be more long-term.

These dyes can be found in drinks, snack foods, even seemingly healthy foods like fruit cups and enhanced waters. They are present in so many foods children (and adults) consume.

Ongoing exposure may “impact children’s ability to learn, succeed at school, and get along with peers on an on-going basis.” This can contribute to long-term consequences for educational and social development.

Certainly not behaviors a school would want to propagate.

Symptoms of Harmful Food Dyes Exposure Overlap with ADHD-Type Symptoms

If these symptoms sound familiar, it is no surprise that they overlap with ADHD-type (attention-deficit hyperactivity disorder) symptoms.

Misdiagnosis often occurs as a result. In some cases, eliminating these harmful food dyes from a child’s diet is a successful non-drug treatment for some children with ADH!?

Is it because removing the dyes solves the problem, or helps reduce symptoms of the illness? Hard to tell. But for some, it is effective.

Schools Have an Obligation to Provide Safe, Nutritious Food

No one can argue that schools have an obligation to provide safe, nutritious food to children.

“Many children rely on school meals as a source of their daily nutritional and calorie intake,” said Tasha Stoiber, Ph.D., Environmental Working Group senior scientist. “Kids deserve wholesome foods that don’t hinder their ability to learn, and parents deserve the confidence that the schools they’re sending their kids to aren’t serving them food that may harm them.”

The school food programs already have strict guidelines for whole grains, reduced sugar, caffeine-free, and other healthy food requirements. Removing these harmful food dyes from the menu should not be a big leap. Especially when they cause so many downline issues. Issues that not only affect health and wellbeing, but also educational impacts.

This Bill Comes After a Recent Push to Remove Potentially Harmful Chemical from Food in the State

This focus on public school food is not a new idea. In fact, last year the same lawmaker, Assemblymember Jesse Gabriel (D-Encino) authored the California Food Safety Act that was signed into law by Gov. Gavin Newsom.

That Act banned the manufacture, delivery, and sale of foods with potassium bromate, propylparaben, brominated vegetable oil, and Red Dye No. 3 in the state.

With his history of ADHD, it is no surprise that Assemblymember Gabriel’s next focus would be on public school food.

“As a lawmaker, a parent and someone who struggled with ADHD, I find it unacceptable that we allow schools to serve foods with additives that are linked to cancer, hyperactivity and neurobehavioral harms,” he said. “This bill will empower schools to better protect the health and well-being of our kids and encourage manufacturers to stop using these dangerous additives.”

These types of legislation have been building for decades.

Historical Chemical Protection in California

California has been a leader in their attempts to protect citizens from harmful chemicals.

This focus goes back much further. I’m sure you’ve seen the Prop 65 warning labels.

That has been around since 1986!

Under Proposition 65, businesses must “provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.”

How Do You Feel About Harmful Food Dyes in Public School Food?

How do you feel about harmful food dyes in public school food. Is it an unavoidable inevitability? Or a movement all states should be working toward?

Stay in Touch with Make Food Safe!

If you’d like to know more about food safety topics in the news, like “California Lawmakers Target Harmful Food Dyes Coloring Public School Foods,” check out the Make Food Safe Blog. We regularly update trending topics, foodborne infections in the news, recalls, and more! Stay tuned for quality information to help keep your family safe, while The Lange Law Firm, PLLC strives to Make Food Safe!

By: Heather Van Tassell (contributing writer, non-lawyer)

Heather Van Tassell

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