California’s AB 418, the California Food Safety Act, bans four food additives — brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3 — from any food product for human consumption made, sold, or distributed in the state starting January 1, 2027.1California Legislative Information. AB 418 Bill Text Governor Newsom signed the bill in October 2023, making California the first state to prohibit these substances. Violations carry civil penalties of up to $5,000 for a first offense and up to $10,000 for each additional offense.
The Four Additives the Law Prohibits
Each substance does a different job in food manufacturing, and each appears in a different corner of the grocery store.
Red Dye No. 3, also called erythrosine or FD&C Red No. 3, is a synthetic color that produces a bright cherry-red shade. It shows up in candies, cake decorations, fruit cups, and maraschino cherries. High doses were linked to thyroid tumors in male laboratory rats, and in January 2025 the FDA revoked its authorization under the Delaney Clause of the Federal Food, Drug, and Cosmetic Act.2Food and Drug Administration. FD&C Red No. 3
Potassium bromate is a dough conditioner used in breads, rolls, cookies, tortillas, buns, and pizza dough to help dough rise higher and bake more evenly. The European Union banned it in 1990, and Canada, India, Brazil, China, and other countries followed. The International Agency for Research on Cancer classifies it as a possible human carcinogen.
Brominated vegetable oil (BVO) is an emulsifier added to citrus-flavored sodas and sports drinks to keep flavoring oils suspended. The FDA revoked its authorization in a final rule published July 3, 2024, effective August 2, 2024, concluding it no longer met the “reasonable certainty of no harm” standard.3Federal Register. Revocation of Authorization for Use of Brominated Vegetable Oil in Food
Propylparaben is a preservative used in tortillas, shelf-stable muffins, and other baked goods to slow mold and bacterial growth. Research suggests it can interfere with the endocrine system by mimicking estrogen. On labels it may appear as “propyl p-hydroxybenzoate” or “propyl 4-hydroxybenzoate.”
Titanium dioxide, a whitening agent used in candies, frosting, and chewing gum, was in an earlier draft of the bill but the California Senate removed it before the final vote. It is not banned by AB 418.
When the Ban Takes Effect
January 1, 2027. After that date, any food product containing one or more of the four substances is illegal to sell or distribute in California. Newsom’s signing message said the delay was intentional, giving brands “significant time to revise their recipes to avoid these harmful chemicals.”4Office of the Governor of California. AB 418 Signing Message Manufacturers had more than three years from signing to reformulate.
Who Has to Comply
The law covers every business in the food supply chain. Anyone who manufactures, sells, distributes, holds, or offers a covered food product for sale must make sure it contains none of the four substances.1California Legislative Information. AB 418 Bill Text A national brand shipping into California, a regional distributor, and a corner grocery store all share responsibility if a banned ingredient ends up on a California shelf after the effective date.
The statute applies to food products for human consumption. It does not set up a separate enforcement scheme for dietary supplements, though supplements containing these substances could still face scrutiny under other food safety and labeling laws.
Penalties and Who Can Enforce Them
Violations are civil, not criminal. A first offense can bring a fine of up to $5,000. Each subsequent violation can bring a fine of up to $10,000.1California Legislative Information. AB 418 Bill Text Only four categories of official can bring an enforcement action:
- The California Attorney General
- A city attorney
- A county counsel
- A district attorney
Consumers cannot sue a company directly under AB 418. The statute creates no private right of action. It does, however, include a savings clause stating that nothing in it limits other legal claims or defenses available under existing law,1California Legislative Information. AB 418 Bill Text which leaves room for claims under California’s broader consumer protection statutes.
Two of the Four Are Already Banned Federally
Since AB 418 was signed, the FDA has acted on two of the four substances.
The BVO revocation, published July 3, 2024, took effect with a compliance date of August 2, 2025.3Federal Register. Revocation of Authorization for Use of Brominated Vegetable Oil in Food That federal ban is already in force nationwide.
On January 15, 2025, the FDA issued a separate order revoking the authorization for Red Dye No. 3 in food and ingested drugs. Food manufacturers have until January 15, 2027 to reformulate; drug manufacturers have until January 18, 2028. The FDA acknowledged that “studies in other animals or in humans did not show the same effect” as in male rats and that “there is no evidence showing FD&C Red No. 3 causes cancer in humans,” but the Delaney Clause does not permit a risk-balancing analysis when an additive has been found to cause cancer in animals.2Food and Drug Administration. FD&C Red No. 3
Potassium bromate and propylparaben remain legal under federal law. For those two, California’s ban is the primary restriction in the United States.
Reading Labels Before the Deadline
Until 2027 arrives and manufacturers finish reformulating, these substances may still appear on ingredient lists. Red Dye No. 3 can appear as “FD&C Red No. 3” or “erythrosine.”5Food and Drug Administration. FDA to Revoke Authorization for the Use of Red No. 3 in Food and Ingested Drugs Propylparaben sometimes appears as “propyl p-hydroxybenzoate” or “propyl 4-hydroxybenzoate.” BVO and potassium bromate usually appear under their common names. Federal law requires ingredients to be listed in descending order by weight.
Other States Moving in the Same Direction
California was first, but similar measures are spreading. West Virginia enacted HB 2354, which treats food containing Red Dye No. 3, propylparaben, and several synthetic dyes as adulterated, with the general food additive provisions taking effect January 1, 2028 and a separate school meal ban taking effect in August 2025. Virginia passed SB 1289 prohibiting certain color additives in public school meals starting July 1, 2027. Bills are pending in Illinois, New York, Indiana, Hawaii, Delaware, and other states with varying substance lists and timelines.
New York’s proposal, the Food Safety and Chemical Disclosure Act, would ban Red Dye No. 3, potassium bromate, and propylparaben, and would require packaged food manufacturers to disclose more about ingredients classified as “generally recognized as safe.” That bill had passed the state Senate and was awaiting an Assembly vote as of March 2026.