California Passes First-in-the-Nation Legislation to Ban Harmful Chemicals in School Foods

SACRAMENTO, CA — Today, the California State Legislature passed the California School Food Safety Act (AB 2316) — first-in-the-nation legislation that would prohibit California public schools from serving foods containing six synthetic food dyes that have been linked to developmental and behavioral harms to children.

AB 2316 — which could prompt changes to popular foods marketed toward children — likely would have significant impacts beyond California. Historically, California’s food safety laws have influenced broader changes in the food industry, as companies often opt to reformulate products nationwide rather than create state-specific versions. 

“California has a responsibility to protect our students from chemicals that harm children and interfere with their ability to learn,” said Assemblymember Jesse Gabriel (D-Encino). “As a lawmaker, a parent, and someone who struggled with ADHD, I find it unacceptable that we allow schools to serve foods with additives that are linked to hyperactivity and neurobehavioral harms. This bill will empower schools to better protect the health and wellbeing of our kids and encourage manufacturers to stop using these harmful additives.”  

AB 2316 was introduced following a report by the California EPA, which found that “consumption of synthetic food dyes can result in hyperactivity and other neurobehavioral problems in some children.” The study also noted that current FDA approvals of these chemicals are based on outdated, decades-old research and that the percentage of American children diagnosed with Attention Deficit/Hyperactivity Disorder (ADHD) has increased dramatically in recent years. 

“Healthy, safe school meals are foundational to our students’ wellbeing and ability to learn. As someone who depended on school meals growing up, I know how critical it is that our children receive food at school that is nutritious and is never harmful,” said Tony Thurmond, California State Superintendent of Public Instruction. “AB 2316 is an important step forward to ensure that California’s schools are healthy and equitable learning environments for all.”

The introduction of AB 2316 follows last year’s successful passage of AB 418 (Gabriel), the California Food Safety Act, which banned four dangerous chemicals from foods sold in California and helped to spark a national conversation about the need for the United States to modernize its antiquated food safety laws. Notably, in July the FDA announced its decision to ban the use of brominated vegetable oil (BVO) in food following a similar prohibition that was enacted in Assemblymember Gabriel’s AB 418.

Like the California Food Safety Act, AB 2316 would not ban specific foods or products, but rather encourage companies to make minor modifications to products sold in California and could help prompt a nationwide transition to safer alternative ingredients.

AB 2316 is supported by more than 70 organizations representing doctors, teachers, nurses, school employees, administrators, scientists, environmentalists, and consumer protection advocates. This bill now heads to Governor Newsom’s desk, where it must be signed or vetoed by the end of September.

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Jesse Gabriel proudly represents the San Fernando Valley in the California State Legislature.