Candies Banned in California: The 4 Ingredients and Brands

Candies banned in California aren’t banned by brand. Starting January 1, 2027, the state prohibits selling, distributing, or manufacturing any food product that contains one of four additives: Red Dye No. 3, potassium bromate, brominated vegetable oil, or propylparaben.¹ Any candy that still contains one of those ingredients on that date has to be reformulated or pulled from California shelves. Red Dye No. 3 is the one that hits candy hardest, and most major manufacturers are already changing their recipes.

The Four Ingredients That Trigger the Ban

Governor Newsom signed AB 418, the California Food Safety Act, on October 7, 2023.² The four banned substances are:¹

Red Dye No. 3, a bright cherry-red coloring common in candies, baked goods, and fruit snacks. Research has linked it to cancer in laboratory animals and hyperactivity in children.
Potassium bromate, a dough conditioner that shows up in some baked candy shells. It is already prohibited in the European Union, Canada, and several other countries.
Brominated vegetable oil (BVO), an emulsifier once used in citrus-flavored sodas and sports drinks. Animal studies linked it to nervous system and thyroid problems.
Propylparaben, a preservative used to extend shelf life. Research has flagged potential effects on the endocrine system.

An earlier draft of the bill also included titanium dioxide, a white coloring agent used in many candy coatings and frostings. The state Senate stripped it out before the final vote, so titanium dioxide is not banned in California food.

Which Candies Are Actually Affected

Red Dye No. 3 is by far the most common of the four in candy, so that is where most of the changes are happening. Several familiar products have already been reformulated in anticipation of the deadline.

Just Born, the company behind Peeps marshmallows, stopped using Red Dye No. 3 in production after Easter 2024. Ferrara, which makes Brach’s Candy Corn, Brach’s Autumn Mix, and Brach’s Mellowcreme Pumpkins, has been phasing the dye out since early 2023 and expects to eliminate it from all remaining products by the end of 2026. The original Hot Tamales candy does not actually contain Red Dye No. 3 — it uses Red 40 and other dyes — but the Hot Tamales Fire & Ice variety did include it.

Most major manufacturers have signaled they will reformulate rather than stop selling in California. The European Union restricted these additives years ago, and companies simply switched to alternative ingredients for products sold in EU markets. Many of those same alternative formulations are now being used for U.S. products. In most cases, the reformulated candy will look and taste close enough that you may not notice the difference.

Even after the deadline, you may still see Red Dye No. 3 on some ingredient labels. The FDA has acknowledged that existing inventory made before January 15, 2027, may remain on shelves for a period afterward.³

What the Ban Covers and What It Doesn’t

The California Food Safety Act targets businesses, not shoppers. It prohibits manufacturing, selling, delivering, and distributing banned products, and says nothing about buying, owning, or eating them.¹ If you have a bag of candy in your pantry that contains Red Dye No. 3, you are not breaking any law by finishing it.

Online ordering is a different question. The law prohibits distributing banned products “in commerce,” which reaches shipments into the state.¹ An out-of-state retailer that ships a candy containing potassium bromate or propylparaben to a California address after January 1, 2027, could face enforcement. Whether the state will pursue small individual shipments is unclear, but the legal authority exists.

What the FDA Has Already Done Nationwide

Two of the four ingredients California banned are also on their way out at the federal level, which matters if you live outside California.

Brominated vegetable oil is already banned across the entire country. The FDA finalized a rule revoking BVO’s authorization on July 3, 2024, with a compliance deadline of August 2, 2025.⁴ Any food product still containing BVO is already in violation of federal law.

Red Dye No. 3 is next. On January 15, 2025, the FDA revoked authorization for Red Dye No. 3 in food, giving manufacturers until January 15, 2027, to reformulate.⁵ The agency acted under the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, which prohibits authorizing any color additive found to cause cancer in humans or animals.³ California’s January 1, 2027, deadline arrives two weeks before the federal one.

That leaves potassium bromate and propylparaben as the two additives where California’s law goes beyond federal rules. The FDA has said it is reviewing both but has not moved to ban either nationally. Outside California, products containing them remain legal for now.

The Separate School Cafeteria Dye Law

A second California law, AB 2316 (the California School Food Safety Act), reaches further for children. Signed on September 28, 2024, it prohibits six additional synthetic dyes from foods sold or served in public school cafeterias starting December 31, 2027:⁶

Red 40
Yellow 5
Yellow 6
Blue 1
Blue 2
Green 3

These are the most widely used artificial food colorings in the country, and they appear in everything from fruit snacks and gummy bears to frosted cookies. The restriction covers competitive foods sold outside the meal program, school breakfast and lunch entrées, and nutritionally adequate meals, but it excludes items provided through the USDA Foods in Schools program.⁶

AB 2316 does not touch retail stores or restaurants. Candy containing Red 40 or Yellow 5 remains available at California grocery stores. The restriction applies only to what schools serve or sell to students.

1
California Legislative Information. AB-418 The California Food Safety Act
2
Office of the Governor of California. Signing Message for Assembly Bill 418
3
U.S. Food and Drug Administration. FD&C Red No. 3
4
U.S. Food and Drug Administration. Brominated Vegetable Oil (BVO)
5
U.S. Food and Drug Administration. FDA to Revoke Authorization for the Use of Red No. 3 in Food and Ingested Drugs
6
California Legislative Information. AB-2316 The California School Food Safety Act