On September 1, 2023, the California legislature passed Assembly Bill (“AB”) 418, the California Food Safety Act.

If the law is passed, then any person or entity will be prohibited from manufacturing or selling a food product for human consumption containing specified food additives. The banned additives include brominated vegetable oil (CAS no. 8016-94-2); potassium bromate (CAS no. 7758-01-2); propylparaben (CAS no. 94-13-3); and red dye 3 (CAS no. 16423-68-0).  The original version of the bill included a fifth additive, titanium dioxide. However, shortly before the vote, the bill was amended to remove titanium dioxide from the list.

These chemicals are banned in the European Union, but permitted in the United States, and California is the first state to pass such a ban.

The bill will now go to Governor Gavin Newsom’s office for signature or veto.  If Governor Newsom signs, the ban will go into effect on January 1, 2027. Violations would be punishable by a civil penalty of $5,000 for the first violation and $10,000 for each subsequent violation.

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.