California could ban additives found in Flamin' Hot Cheetos, Twinkies from school meals

California lawmakers have voted to ban food additives linked to behavioral issues in kids from school lunchrooms. 

That means snacks like Flamin' Hot Cheetos, Twinkies and more will no longer be allowed in school cafeterias across the state. Stores may still sell the food products, though, under the first-of-its-kind legislation, called the California School Food Safety Act.

The controversial ingredients include food dyes Blue 1, Blue 2, Green 3, Red 40, Yellow 5 And Yellow 6, which give color to snacks like Doritos, Froot Loops and Fruity Pebbles cereals and Jolly Ranchers candy. Advocates for the ban argue the additives have no nutritional value, are used solely for superficial purposes, and can cause health problems. 

Red 3 has been found to cause cancer in animals and Red 40, Yellow 5 And Yellow 6, have been found to be contaminated with carcinogens like benzidine, which can increase one's risk of developing cancer, according to a 2012 study from the National Institutes of Health. 

California Assemblymember Jesse Gabriel, the bill's author, said the legislation could prompt changes in how these types of "dangerous" foods are marketed to children beyond California, and could even lead to companies changing the way they formulate such snacks.

"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," Gabriel said in a statement Friday. "This bill will empower schools to better protect the health and well-being of our kids and encourage manufacturers to stop using these harmful additives."  

Indeed, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment found in 2021 that "consumption of synthetic food dyes can result in hyperactivity and other neurobehavioral problems in some children."

California's State Superintendent of Public Instruction Tony Thurmond said the bill sets new standards for school meals. 

"Healthy, safe school meals are foundational to our students' well-being 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," Thurmond said Thursday in a statement. "AB 2316 is an important step forward to ensure that California's schools are healthy and equitable learning environments for all."

The bill, which is now headed to Gov. Gavin Newsom's desk, does not ban particular food products, but takes aim at the six substances linked to behavioral issues in kids. It goes into effect Dec. 31, 2027. 

Neither Frito Lay, which makes Cheetos, Doritos and other snack chips, nor Twinkies-maker Hostess, immediately responded to CBS MoneyWatch's requests for comment.