• Since Governor Newsom signed AB 418 into law, the National Confectioners Association (NCA), a major candy makers trade group, has urged the U.S. Food and Drug Administration (FDA) to curtail the new regulation.  As we previously reported, the bill prohibits the use of brominated vegetable oil, potassium bromate, propylparaben, and Red No. 3 in food manufactured, sold, delivered, distributed, held, or offered for sale in California after January 1, 2027.  These chemicals, particularly Red No. 3, are commonly used in food manufacturing.  After the effective date, a person or entity that violates the ban will face a $5,000 civil fine for a first offense, and a $10,000 civil fine for each subsequent offense.
  • The NCA stated that the statute is a “slippery slope,” which would ultimately disrupt the cohesive national food regulation standards, despite California officials’ insistence that the law will not ban popular snacks outright.  The statement went on to say, “We should be relying on the scientific rigor of the FDA in terms of evaluating the safety of food ingredients and additives.”
  • FDA told Law360 that it is regularly assessing new data and research on ingredients it has authorized manufacturers to use in food products.  The agency stated, “Chemicals in food are regulated at the national level by the FDA, which takes a science-based approach to ensure the safety of chemicals used in the food supply.  Such [state-initiated bans] could potentially disrupt the food supply, leading to less product availability and/or higher prices.  The science-based FDA approach to oversight of the food system is the best way to ensure safety and consistency across the entire country.”
  • In a statement issued by Governor Newsom at the time he signed the bill, he stated that, because the law does not go into effect until 2027, there is “significant time for brands to revise their recipes to avoid these harmful chemicals.”
  • Keller and Heckman will continue to monitor the effect and implementation of this bill and will relay any developments.