Flamin’ Hot Cheetos, M&Ms and other items made with certain synthetic food dyes will be expelled from California public schools, charter schools and state special schools under a bill signed into law Saturday by Gov. Gavin Newsom.
Assembly Bill 2316, which will go into effect starting Dec. 31, 2027, spells the end for snack foods that contain the dyes known as blue 1, blue 2, green 3, red 40, yellow 5 and yellow 6. All are common industry staples that can give foods unnaturally vibrant colors in an effort to make them more appealing.
“Our health is inextricably tied to the food we eat,” Newsom said in a statement. “Today, we are refusing to accept the status quo, and making it possible for everyone, including school kids, to access nutritious, delicious food without harmful, and often addictive additives.”
The chemicals have been linked to developmental and behavioral harms in children, according to the bill’s authors, who cited a 2021 report from the California Environmental Protection Agency. They expressed hope that the new law can have ripple effects beyond the Golden 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 (D-Encino), who introduced the legislation.
The new law “sends a strong message to manufacturers to stop using these harmful additives,” he added in a statement.
Flamin’ Hot Cheetos contain three of the six newly forbidden chemicals: red 40, yellow 5 and yellow 6. The ingredient list for M&Ms includes those three dyes as well as blue 1 and blue 2.
Other food items that could disappear from cafeterias and school vending machines as a result of this law include Cheetos, Doritos, sports drinks and sugary breakfast cereals such as Froot Loops and Cap’n Crunch.
For Gabriel, the bill is personal. He told The Times in March that he had been diagnosed with attention deficit hyperactivity disorder as a child. His son also has the neurodevelopmental disorder.
Last year, Newsom signed a first-in-the-nation ban on food additives found in popular cereals, candy, sodas and drinks, including brominated vegetable oil, potassium bromate, propylparaben and red dye No. 3. That law will take effect Jan. 1, 2027, and impose fines of up to $10,000 for violations.
California lawmakers hope the bans will prompt manufacturers to reformulate their recipes.
AB 2316 faced opposition from the American Beverage Assn., the California Chamber of Commerce and the National Confectioners Assn.
The groups said food additives should be regulated by the U.S. Food and Drug Administration, not evaluated on a state-by-state basis.
But how or when the FDA will take action on the issue remains to be seen, said Melanie Benesh, vice president for government affairs at Environmental Working Group, which co-sponsored the law.
“The FDA should certainly also take action on these dyes, but that’s no reason to wait to make sure that kids in California are safe,” Benesh said after the bill passed the Legislature.
“There are plenty of alternatives to these chemicals,” Benesh said. “I think it’s on industry to find a way to reformulate and market their foods without using chemicals that may hurt our kids.”
In addition to the ban on food dyes, Newsom also signed a bill that aims to standardize information about the expiration dates on food products. AB 660 is designed to give consumers more clear and consistent information about the freshness of their food in the hope that it will reduce food waste.
“Having to wonder whether our food is still good is an issue that we all have struggled with,” the bill’s author, Assemblymember Jacqui Irwin (D-Thousand Oaks), said in a statement. The enactment of this bill is a “monumental step to keep money in the pockets of consumers while helping the environment and the planet.”
Erica Parker, a policy associate with Californians Against Waste, which co-sponsored the bill, said the legislation will get rid of the confusion consumers face when examining products that have the words “sell by,” “expires on” or “freshest before” printed on their packaging.
The result of that confusion “is a staggering amount of food waste. Californians throw away 6 million tons of food waste each year — and confusion over date labels is a leading cause,” she said in a statement when the bill was sent to Newsom’s desk.
