FACT CHECK: Did California Ban Skittles? (2024)

Nothing beats the blues better than a sweet treat. We love a little sugar when stressed, happy, overwhelmed, sad, angry, exhausted, excited, or any other emotions.

And Skittles is the perfect representation of a candy for every mood. The colorful tiny confectionary is like a magic potion for a crying toddler; kids will forget tantrums to enjoy the sweet little Skittles.

However, the favorite candy might be on the verge of extinction, with only four more buffer years.

On Saturday, October 7, 2023, California Governor Gavin Newsom signed a bill commonly known as the “Skittles Ban.” For the record, the Bill does not ban Skittles but prohibits four food additives– brominated vegetable oil, potassium bromate, propylparaben, and Red Dye-3 that yield the possibility of causing cancer. The law, if sanctioned, will be imposed from January 1, 2027.

Is California Going to Ban Skittles?

No, California is not going to ban Skittles.

The California Food Safety Act proposed Bill AB418, which raises concerns over additives that are carcinogenic in nature. Here are the bullet points of the Bill–

1. The banned additives/ingredients include brominated vegetable oil, Potassium bromate, Propylparaben, and Red Dye-3.
2. Manufacturing, selling, delivering, distributing, holding, or offering for sale of products containing these substances is prohibited and cited as unsafe for human consumption.
3. Any violation of this law will be “punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation.”
4. The Attorney General, a city attorney, a county counsel, or a district attorney are authorized to issue the penalty on companies in case of law infringement.

The law will be applicable from January 1, 2027, so that the manufacturers get sufficient time to revise the recipes of their products and remove these harmful substances.

After the Bill was signed, Gov. Gavin Newsom’s office clarified the speculations around it by issuing a statement– “There have been many misconceptions about this Bill and its impacts. For example, attached to this message is a bag of the popular candy Skittles, which became the face of this proposal.”

Governor Newsom said in a statement–

“Californians trust that the food products they consume are safe.”

See Also

Is the "Skittles Ban" Legit? Here's What California's New Law Really MeansNo, California is not banning Skittles

“I appreciate the author and stakeholders for working on amendments which advance our shared public health objectives while maintaining consumer choice.”

Why Do People Think Skittles Was Banned in California? Why Were The Additives Banned?

California is banning the following hazardous additives in products for consumption–

1. Potassium bromate: The International Agency for Research on Cancer has deduced that potassium bromate may be a potential human carcinogen. Journal of the National Cancer Institute published research that discovered potassium bromate to have carcinogenic effects in animals. However, the FDA maintains that this substance can be “Safely used” under specific parameters.
2. Brominated vegetable oil (BVO): Usually used in citrus-flavored drinks to avoid a layer floating on the top. Heather Stapleton, an environmental chemist at Duke University specializing in studying brominated compounds, said that BVO may cause “potential health effects.” Pepsi, Coca-Cola, Fanta, and more such drinks have eliminated BVO, while Japan and Europe have banned it entirely.
3. Propylparaben: It is mainly used in baked goods and skin products. The FDA has recognized it safe as long as it does not exceed 0.1%. Harvard School of Public Health found that propylparaben may cause diminished fertility. Tokyo Metropolitan Institute of Public Health inferred that propylparaben decreased sperm count in young male rats. Disease Control and Prevention Center Scientists said that Americans are highly exposed to the substance, considering it was detected in the urine of most study participants.
4. Red Dye 3: Artificial coloring is used in candies, medications, cosmetics, and externally applied drugs. A study deduced that this artificial additive can escalate hyperactivity and behavioral issues in children.

European Union’s 27 nations have already banned these harmful chemicals in consumption products.

The statement by the Governor’s office also states (about Skittles) –

“This particular bag of candy comes from the European Union – a place that already bans a number of chemical additives and colorants. This is demonstrable proof that the food industry is capable of maintaining product lines while complying with different public health laws, country to country.”

Food And Drug Administration agency issued a statement regarding the Bill-AB418–

“All the substances in California Bill 418 have been evaluated by the FDA.”

“When we identify new data and information that indicates the use of an ingredient is unsafe, we take steps to protect public health — which can include revoking authorizations or approvals for certain uses, working with industry on voluntary market phase-out agreements and recalls, issuing alerts and informing consumers.”

People misconstrued this bill as a “Skittles ban” because the composition of the product includes most of the banned ingredients. The misleading term led people to believe that America’s favorite candy would be banned in California. However, this is far from the truth. Wrigley Company, which produces Skittles, has time till 2027 to remove these harmful chemicals from the product.

What Candy Did California Ban? What Products Did California Ban?

California will ban the following products if the manufacturers fail to eliminate these four ingredients: brominated vegetable oil, Potassium bromate, Propylparaben, and Red Dye-3.

Environmental Working Group’s database accounts for 180 baked goods that use potassium bromate, including Hanover’s sourdough soft pretzels, Stouffer’s chicken pot pie bites, and Sam’s Choice cheese franks in a blanket.

Red Dye 3 is found in 2,900 food products, like Brach’s candy corn, Peeps, Baby Bottle Pops, and Hot Tamales.

Propylparaben is used in baked goods like Sara Lee cinnamon rolls, La Banderita corn tortillas, and Betty Crocker icing.

Almost 12,000 food products nationwide use these additives, even though the FDA never fully approved the usage as safe for human consumption.

The Bill has received heavy pushback from the National Confectioners Association, stating–

“They’re making decisions based on soundbites rather than science. Governor Newsom’s approval of this Bill will undermine consumer confidence and create confusion around food safety. This law replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs. This is a slippery slope that the FDA could prevent by engaging on this important topic. We should be relying on the scientific rigor of the FDA in terms of evaluating the safety of food ingredients and additives.”

What is your take on this? Do you think these products should be banned if they violate the consumption code?

Do you agree with the proposed bill? Let us know in the comments section below.