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Peeps to remove chemical included in California’s new ban on ‘toxic’ food additives

A display of Marshmallow Peeps candy.
California Gov. Gavin Newsom signed the nation’s first law banning four “toxic” chemical food additives found in popular drinks, baked goods, candy and snacks. One of the substances, red dye No. 3, has been used to color some candies, including pink and purple Peeps.
(Haven Daley / Associated Press)
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Changes are coming to Peeps in the wake of a new state law prohibiting the use of select food additives, including a chemical that had colored some versions of the marshmallow treats.

After this upcoming Easter season, when Peeps will once again be ubiquitous in grocery stores, the treats will no longer contain red dye No. 3, which will be banned for use in food in California starting in 2027.

Peeps-maker Just Born confirmed the move to Consumer Reports, which had been petitioning for the company to more quickly remove the substance from the bird-shaped snacks.

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In a statement to Consumer Reports, Just Born said only two colors of Peeps will contain the dye during the 2024 Easter season: pink and lavender. The company added that all of its products comply with guidelines set by the U.S. Food and Drug Administration.

Gov. Gavin Newsom has signed the nation’s first law banning four “toxic” chemical food additives found in popular drinks, baked goods, candy and snacks.

Oct. 8, 2023

Just Born noted that another of its candy products, Hot Tamales, already does not use the dye, which critics say has been linked to hyperactivity in children.

Consumer Reports said it collected 30,000 signatures on a petition urging Just Born to stop using red dye No. 3 in Peeps.

“We’ve known for years that red dye 3 and the other toxic chemicals banned under California’s landmark new law pose serious risks to our health,” Brian Ronholm, director of food policy for Consumer Reports, said in a statement. “The widespread use of red dye No. 3 is particularly concerning since it is found in many products marketed to children who are especially at risk of developing health problems from exposure.

“We applaud Just Born for removing red dye No. 3 from Peeps before the California law goes into effect in 2027 and urge other companies to do the same.”

A California ban on red dye No. 3, titanium dioxide and other chemicals found in thousands of food items would be the first among the states.

March 27, 2023

The announcement comes days after Gov. Gavin Newsom signed into law the California Food Safety Act, which bans the use of red dye No. 3, brominated vegetable oil, potassium bromate and propylparaben in foods beginning in 2027.

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A previous version of the bill had also included titanium dioxide, but that was removed from the ban list before the bill was approved by the state Legislature.

Titanium dioxide is used as a coloring agent in candies such as Skittles, leading some to label the bill a “Skittles ban.”

But as bill author Assemblyman Jesse Gabriel (D-Woodland Hills) noted to The Times, Skittles are sold using alternative ingredients in Europe and other places where titanium dioxide has already been banned.

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