We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there have been two significant updates we want to share.
California School Food Safety Act
On August 29, 2024, the California State Legislature passed a groundbreaking bill, the California School Food Safety Act (AB 2316), which would prohibit California public schools from serving food during the school day with any of the following synthetic food dyes, because of health-related concerns:
- Blue 1
- Blue 2
- Green 3
- Red 40
- Yellow 5
- Yellow 6
These food dyes are commonly found in items like breakfast cereals, cheese-flavored chips, and ice cream. If signed into law, the legislation will go into effect December 31, 2027.
Governor Gavin Newsom has until September 30 to sign AB 2316. Given California's extensive public school system, companies that produce food with these color additives might face significant revenue losses if they do not reformulate their products.
BVO Class Action
Shortly after FDA published its new final rule banning the use of BVO in food, a proposed class action lawsuit was filed against the GIANT Company ("GIANT"), alleging that plaintiff and other consumers who bought GIANT brand orange soda containing BVO bought a "defective" product that is "worthless, or worth less than the price paid." According to the complaint, people who drink large quantities of citrus soda containing BVO can develop serious neurological symptoms. Furthermore, high levels of bromine, an ingredient in BVO, can allegedly cause hypothyroidism. The lawsuit seeks to recover the costs of future medical evaluations the plaintiffs expect to incur as a result of their exposure to BVO.
The complaint was filed on August 13, 2024. It is possible that more consumers will file similar lawsuits before the BVO final rule compliance deadline, which is August 2, 2025, or after the compliance deadline for products purchased earlier.
We are closely monitoring the California School Food Safety Act, other related state legislation, and ingredient-related class actions. Venable's Food & Drug Law Practice is here to help guide you through these complex issues. Contact the authors with any questions.