SACRAMENTO, CALIF. — California Governor Gavin Newsom has signed the School Food Safety Act, which will ban the inclusion of six synthetic dyes in foods and beverages served in public schools in the state.

The first-in-the-nation law goes into effect Dec. 31, 2027, and will prohibit school districts, county superintendents of schools or charter schools from serving children in kindergarten through 12th grade any foods or beverages containing Blue 1 and 2, Green 3, Red 40 and Yellow 5 and 6. It is expected to remove from schools such products as Hot Cheetos, Doritos, M&M’s, sports drinks, some juices and sodas, Twinkies and sugary breakfast cereals such as Froot Loops and Cap’n Crunch.

“Today, we are refusing to accept the status quo and making it possible for everyone, including school kids, to access nutritious, delicious food without harmful, and often addictive additives,” Newsom said in a signing statement Sept. 28. “By giving every child a healthy start, we can set them on the path to a future with less risk of obesity and chronic illness.”

The Act’s sponsor, Assemblymember Jesse Gabriel of Encino, also sponsored the California Food Safety Act, which Newsom signed Oct. 7, 2023. Beginning on Jan. 1, 2027, it prohibits the manufacture, sale and distribution of foods for human consumption in the state containing brominated vegetable oil, potassium bromate, propylparaben or Red 3. Other states looking to do the same include Illinois, Missouri, New York and Washington.

“California is once again leading the nation when it comes to protecting our kids from dangerous chemicals that can harm their bodies and interfere with their ability to learn,” Gabriel said in a statement following the signing. “This bipartisan law will empower schools to better protect the health and well-being of students and sends a strong message to manufacturers to stop using these harmful additives.”

Critics, however, said the School Food Safety Act would create more problems than it would solve. Frank Yiannas, former FDA deputy commissioner of food policy and response, said in a Sept. 24 opinion piece in The Orange County Register that Newsom should “think carefully” before signing the Act and that states should rely on federal experts instead of creating their own regulations.

“While this action is well-intended, if enacted, it does set a dangerous precedent on how food safety standards in our nation are best established,” Yiannas wrote. “Without relying on a strong, science-driven federal food safety agency, our country is left with a state-by-state patchwork of different, emerging regulatory standards that would weaken our nation’s food system and food safety efforts."

The FDA held a public meeting last week to share an enhanced systematic process for post-market assessment of chemicals in food, including color additives, and hear stakeholder perspectives. The agency said the approach “includes a transparent process for identifying and prioritizing food chemicals currently in the market for safety reviews."

Meanwhile, some food businesses are developing natural alternatives to synthetic colors. One example is Givaudan, a Switzerland-based ingredients manufacturer, which has focused on producing alternatives to Red 40. It has developed a line of plant-derived anthocyanin colors, meaning a range that can appear red, purple or blue depending on pH level.

Additionally, Illinois-based ADM produces a variety of plant-based colors with applications across a variety of foods and beverages.