If Passed, Assembly Bill 418 Will Prohibit Use of Toxic Chemical in Certain Foods

Many different chemicals are added to food and drinks for different reasons, such as to make it taste better or last longer.

However, some of these chemicals can be damaging to the human body, which has been brought to the attention of Jesse Gabriel, California State Assembly Member.

Gabriel recently introduced a new law that would essentially ban the sale of processed foods and candies in California that contain certain toxic chemicals. These chemicals are mostly found in candies, which greatly impacts young children who might eat candy often.

The assembly bill (AB) 418 prohibits the manufacture, sale and/or distribution of any food product in California that contains Red Dye No. 3, Titanium Dioxide, Potassium Bromate, Brominated Vegetable Oil or Propyl Paraben, according to a press release.

Scientific studies have demonstrated that the chemicals are harmful to the public.

Consuming these chemicals daily puts people at a higher risk for cancer, issues with behavior, a weak reproductive system and can cause damage to the immune system, the release said.

These chemicals can be found in processed foods and snacks like Skittles, Kosher L'Peach Assorted Fruit Flavored Jelly Slices, Streit's Apple and Honey Fruit Slices and more. 

There are many chemicals added to foods, snacks and drinks to make it taste better and be enjoyable.

However, "most of these chemicals have never been independently evaluated by the Food and Drug Administration (FDA) or were last reviewed decades ago," the release states.

The FDA however countered that these substances -- Red Dye No. 3, Titanium Dioxide, Potassium Bromate, Brominated Vegetable Oil or Propyl Paraben -- have indeed been evaluated.

"The claim that these substances have not undergone FDA review is inaccurate. All these substances have been evaluated by the FDA," a U.S. Food and Drug Administration spokesperson said in an email to NBCLA.

"According to U.S. law (Federal Food, Drug & Cosmetic Act) ingredients added to food must be safe under their intended conditions of use, and safety information must be available to establish a reasonable certainty of no harm before they are used in products on the market."

Gabriel contends that they are automatically labeled as “generally recognized as safe” (GRAS), and this is how those chemicals have been making their way into certain foods -- because they found a loophole in the federal law. 

According to the press release, in Gabriel’s website these chemicals target children, low-income families and communities of color. 

These chemicals have been banned in the European Union (EU) because of the effects it has had on people. However, in the press release, Susan Little, the Environmental Working Group’s Governmental Affairs Senior Advocate for California, expresses her thoughts on how the European Union was still serving the same processed food and candy, but without those chemicals.

"The FDA is aware of recent actions taken by the European Union regarding use of titanium dioxide as a color additive. We note that other international regulatory bodies including the United Kingdom’s FSA, Health Canada, and FSANZ have not agreed with the European Union assessment," the FDA said.

Now, Gabriel wants to do the same in California.

"Californians shouldn’t have to worry that the food they buy in their neighborhood grocery store might be full of dangerous additives or toxic chemicals," Gabriel said in a statement.

He introduced the law on Feb. 22. As of right now, no decision has been made whether to move forward or not. For more information, check out his website. 

Editor’s Note: This story has been updated to reflect a response from the FDA.