California Food Safety Act: How It Changes Your Grocery Shopping

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 418 into law, making California the first state in the nation to ban specific food additives that remain legal under federal regulation. Known as the California Food Safety Act, the law prohibits four substances from food products manufactured, sold, or distributed in the state: Red 3 (Erythrosine), brominated vegetable oil (BVO), potassium bromate, and propylparaben. The effective date is January 1, 2027.

But this law isn't just a California story. Because of the state's enormous market — it is the world's fifth-largest economy and home to nearly 40 million consumers — the California Food Safety Act is reshaping grocery shelves nationwide. Most major food manufacturers have decided it's simpler and cheaper to reformulate once for the entire country than to maintain separate California-only product lines. That means the food you buy in Texas, Ohio, or Maine is changing too.

The Four Banned Substances

Let's examine each substance the law targets, why it was included, and where you've likely encountered it without knowing.

1. Red 3 (Erythrosine)

Red 3 is a synthetic cherry-red dye derived from coal tar. It has been used in candies, cake decorations, maraschino cherries, and certain medications. The FDA banned it from cosmetics in 1990 after studies showed it caused thyroid tumors in rats, but it inexplicably remained authorized in food until the FDA's January 2025 revocation. The California law was actually signed before the federal ban, and served as a catalyst for the FDA's eventual action.

2. Brominated Vegetable Oil (BVO)

BVO is a vegetable oil modified with bromine, used as an emulsifier in citrus-flavored soft drinks to keep the flavoring evenly distributed. It was found in Mountain Dew, Sun Drop, and various store-brand citrus sodas for decades. Animal studies linked BVO to accumulation of bromine in fatty tissues, with potential effects on the heart, liver, and thyroid. The FDA proposed revoking BVO's authorization in November 2023 and finalized the ban in July 2024, effective one year later. PepsiCo had already voluntarily removed BVO from Mountain Dew in 2020, and Coca-Cola removed it from Fanta and Fresca earlier.

3. Potassium Bromate

Potassium bromate is an oxidizing agent added to flour and bread dough to strengthen the dough and help it rise higher. It has been used by commercial bakeries and is found in some packaged bread, rolls, and pizza dough. The International Agency for Research on Cancer (IARC) classified potassium bromate as a Group 2B carcinogen — "possibly carcinogenic to humans" — based on evidence of kidney and thyroid tumors in animal studies. When bread is baked properly at high temperatures, most bromate converts to harmless bromide. The concern is that under-baking or large doses leave residual bromate in the finished product.

4. Propylparaben

Propylparaben is a preservative used to extend the shelf life of baked goods, tortillas, certain meat products, and food coatings. It belongs to the paraben family, which is widely used in cosmetics (and widely controversial in that context). Studies published in Reproductive Toxicology and elsewhere have shown that propylparaben acts as a weak endocrine disruptor, mimicking estrogen and potentially affecting reproductive development and hormone balance, particularly in children. The EU restricts propylparaben in cosmetics but has not banned it from food; California's law goes further.

The Four Banned Substances at a Glance

What the Law Actually Says

The full text of AB 418 is straightforward. Beginning January 1, 2027, no person or entity shall manufacture, sell, deliver, distribute, hold, or offer for sale any food product in the state of California that contains Red 3, BVO, potassium bromate, or propylparaben. Violations are subject to civil penalties: a maximum fine of $5,000 for a first violation and $10,000 for each subsequent violation.

The law applies to food products, not cosmetics or drugs (which are regulated separately). It targets the substances themselves, not specific products — meaning any food containing any of the four chemicals is affected, regardless of brand or category.

Notably, the original bill (introduced by Assembly Member Jesse Gabriel) also included titanium dioxide, a whitening agent found in candies, frosting, and chewing gum. Titanium dioxide was removed from the final version after food industry lobbying, though the EU banned it from food in 2022. The Center for Science in the Public Interest and other advocacy groups continue to push for titanium dioxide's inclusion in future legislation.

The National Ripple Effect

California has a long history of setting de facto national standards through state-level regulation. Proposition 65 (cancer warning labels), vehicle emission standards, and electronic waste rules all followed the same pattern: California sets a stricter standard, and manufacturers adopt it nationwide rather than managing dual supply chains.

The California Food Safety Act is following this exact playbook. Here's what's happening across the industry:

Major Manufacturers Reformulating Nationally

• PepsiCo had already removed BVO from Mountain Dew in 2020, well ahead of any legal requirement. Their remaining products containing the four substances are being reformulated on a national basis.
• General Mills and Kellogg's (now WK Kellogg Co) announced reformulation timelines covering all U.S. distribution, not just California SKUs.
• Bimbo Bakeries (parent of Sara Lee, Thomas', Entenmann's) is eliminating potassium bromate from all bread and roll formulations nationally.
• Grupo Bimbo's tortilla brands are removing propylparaben across all product lines.

Retailers Setting Their Own Deadlines

Major retailers including Whole Foods, Trader Joe's, and Aldi already prohibited most of these substances in their private-label products. Kroger and Albertsons have signaled they will require national compliance from suppliers rather than maintaining California-specific inventory. This effectively extends the law's reach to their stores in all 50 states.

Other States Following Suit

As of early 2026, at least eight additional states have introduced or passed legislation modeled on the California Food Safety Act. New York, Illinois, and Washington state have advanced similar bills through committee. The momentum suggests that even without federal action, a patchwork of state laws is creating a de facto national ban on these substances.

"When California moves, the market moves. No major manufacturer wants to maintain separate formulations for one state. They reformulate everywhere." — Michael Jacobson, co-founder, Center for Science in the Public Interest

How This Compares to EU Regulations

The European Union takes a fundamentally different approach to food additive regulation than the United States. The EU operates on the precautionary principle: if there is credible scientific evidence that a substance may pose a risk, it can be restricted or banned even before the evidence is conclusive. The U.S. system, by contrast, generally requires proof of harm before taking action.

This philosophical difference explains why the EU has banned or restricted all four substances targeted by the California law — most of them decades ago:

The gap is striking. Potassium bromate has been banned in the EU, UK, Canada, Brazil, and China for over 30 years. BVO has never been approved for food use in the EU. Yet until the California Food Safety Act and the subsequent federal actions, these substances were perfectly legal in American food. The European Commission's food additives database reflects a regulatory philosophy that the U.S. is only now beginning to approach.

What Products Should You Watch For?

During the transition period leading up to January 2027, these are the product categories most likely to still contain the four banned substances:

Red 3 Products

• Candy hearts and conversation hearts (Valentine's season inventory)
• Maraschino cherries (check brand — many have already switched)
• Cake decorating gels, colored sprinkles, and food coloring kits
• Certain fruit-flavored snack bars and fruit-flavored cereals
• Some cough syrups and chewable vitamins (drug deadline is 2028)

BVO Products

• Store-brand and regional citrus sodas (major brands already reformulated)
• Some citrus-flavored sports drinks and energy drinks
• Generic-brand fruit punches and citrus juice blends

Potassium Bromate Products

• Packaged white bread and rolls from smaller bakeries
• Some frozen pizza dough and refrigerated biscuit dough
• Flour sold as "bromated flour" (check ingredient lists on flour bags)

Propylparaben Products

• Packaged tortillas (especially flour tortillas with long shelf life)
• Some packaged muffins and pastries
• Processed sausage and meat coatings
• Certain food-grade wax coatings on produce

The GRAS Loophole: Why These Substances Lasted So Long

A critical question: how were these substances legal in American food for so long when other countries banned them decades ago? The answer lies in the GRAS (Generally Recognized as Safe) system.

Under the 1958 Food Additives Amendment, any substance "generally recognized as safe" by qualified experts doesn't need FDA pre-approval. This made sense in 1958 for salt, vinegar, and baking soda. But the GRAS system developed a loophole: manufacturers could self-determine that their additives were GRAS and begin using them in food without any FDA review at all. A 2010 Government Accountability Office report found that the FDA did not systematically reassess GRAS determinations, even when new scientific evidence emerged.

Potassium bromate and propylparaben both held GRAS status. BVO had a perpetual "interim" authorization from 1970 that was never finalized. Red 3 had full authorization but should have been revoked under the Delaney Clause in 1990. The California Food Safety Act essentially forced accountability where the federal regulatory system had stalled.

Practical Shopping Tips for the Transition

Here's how to shop smarter as the January 2027 deadline approaches:

1. Check ingredient lists, not just front labels. "Natural," "wholesome," and "made with real fruit" mean nothing legally. The ingredient list is where you'll find Red 3, BVO, potassium bromate, and propylparaben — if they're present.
2. Look for "bromate-free" flour. King Arthur and Bob's Red Mill explicitly label their flour as bromate-free. When buying bread, look for brands that use unbromated flour.
3. Scan with Snack Check. The Snack Check app identifies all four banned substances — plus synthetic dyes, artificial preservatives, and other additives — in seconds. It's the fastest way to verify products during this transition period.
4. Favor store brands from progressive retailers. Whole Foods' 365 brand, Trader Joe's private label, and Aldi's brands have long prohibited these substances. Their products are inherently compliant.
5. Watch for old inventory. Products with long shelf lives manufactured before reformulation may sit on shelves well into 2027. Always check the current ingredient list on the specific package you're buying.

What Comes After AB 418?

The California Food Safety Act was a first step, not a final one. Several developments are worth tracking:

• Titanium dioxide: Removed from AB 418 during negotiations but still targeted by advocacy groups. The European Food Safety Authority (EFSA) concluded in 2021 that titanium dioxide could no longer be considered safe as a food additive, and the EU banned it from food effective 2022. California legislators have indicated they will revisit it.
• Federal action: The FDA's Red 3 and BVO revocations were partly catalyzed by California's law. Advocacy groups are pressing for federal reviews of potassium bromate and propylparaben, as well as synthetic dyes like Red 40, Yellow 5, and Yellow 6.
• State-level expansion: New York's proposed Food Safety Act covers the same four substances plus titanium dioxide. Illinois and Washington have introduced similar bills. If enough states pass their own versions, federal harmonization becomes almost inevitable.
• International pressure: As U.S. trade partners (the EU, UK, Canada, Japan) maintain stricter additive regulations, American food exporters must reformulate anyway to access those markets. This market pressure reinforces the domestic regulatory trend.

The Bottom Line for Shoppers

The California Food Safety Act represents a fundamental shift in how the United States regulates food additives. For decades, the system defaulted to "safe until proven otherwise." California flipped the script for four specific substances, and the ripple effects are changing what's on every American's grocery shelf.

For consumers, this is largely positive — you'll encounter fewer questionable additives in your food without having to do anything. But during the transition period, awareness still matters. Products manufactured before reformulation deadlines are still circulating. Smaller brands and regional manufacturers may lag behind the large companies in reformulating. And the four substances covered by AB 418 represent just a fraction of the additives that health advocates and international regulators have flagged as concerning.

Using tools like Snack Check to scan products gives you certainty in an uncertain transition. The app detects not only the four substances banned by the California Food Safety Act, but also the broader universe of synthetic dyes, artificial preservatives, and flagged additives that are still legal but increasingly avoided by informed consumers. As the regulatory landscape continues to shift, having that real-time verification in your pocket ensures you're always a step ahead of the labels.

For ongoing legislative tracking, bookmark the California Legislative Information portal, the FDA's food additive status list, and the CSPI's food safety tracker. These resources are updated as new rules take effect and reformulation deadlines pass.