Alabama House bills would target some food additives

Two Alabama lawmakers have introduced legislation targeting certain food additives in public school meals.

The separate bills, filed late in the session, are sponsored by Republican state Reps. Mack Butler, R-Rainbow City, and Rep. Reed Ingram, R-Matthews. The legislation seeks to ban specific synthetic food dyes and other ingredients from schools. Both sponsors said these proposals mirror efforts in other states and align with a national push by U.S. Health and Human Services Secretary Robert F. Kennedy Jr. to scrutinize processed foods.

“You go to any school, obesity is rampant. Childhood diabetes is rampant. Something clearly we’re doing is not working. The life expectancy is in decline. I’m loving what I’m seeing from RFK with Make America Healthy Again, because, honestly, we do need to make America healthy again,” Butler said in a phone interview Monday.

Kennedy has promoted numerous controversial and unfounded views around public health issues. Kennedy most recently claimed measles could be treated with Vitamin A and is linked to poor diet. Kennedy also petitioned the F.D.A. in 2021 to stop the COVID-19 vaccine rollout because he believed the risks outweighed the benefits, and pointed to ivermectin and hydroxychloroquine as alternative treatments after it was deemed ineffective against the virus.

Kennedy has also claimed environmental chemicals could affect a child’s sexual orientation or cause “gender confusion;” baselessly connected anti-depressant use to school shootings and has advocated for raw milk consumption despite health risks.

Butler said the timing makes passing his bill challenging this year, the bill’s main purpose currently is “to just have the conversation,” while Ingram said he hopes to pass his bill this year.

HB 580, sponsored by Butler, proposes banning schools participating in federally funded meal programs from serving or selling “ultra-processed food” starting in the 2026-2027 school year. It lists 11 ingredients that would qualify food as ultra-processed, including potassium bromate, titanium dioxide, brominated vegetable oil, Red Dye 40, Yellow Dye 5 and Blue Dye 1. The legislation also directs the Alabama State Department of Education to create a certification process and publicly list compliant schools. The law would not affect private purchases of these foods.

HB 491, sponsored by Ingram, specifically targets seven synthetic food dyes: Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3. It would prohibit any public K-12 school from selling or serving food containing these dyes, effective Aug. 1, 2025. The bill provides an exception for sales during school fundraisers held off-campus or well after school hours.

California banned Red Dye No. 3 in 2023 after a 2021 report from the California Environmental Protection Agency indicated that federal levels for safe synthetic food dye consumption may not be adequate for children, linking it to concerns over increased Attention Deficit/Hyperactivity Disorder (ADHD) diagnoses in youth over the last 20 years.

The federal Food and Drug Administration (FDA) announced in January that it was banning Red Dye No. 3 in food effective in early 2027, and in drugs effective 2028. The health impact of other dyes is still being researched.

Apreill Hartsfield, a policy and data analyst for VOICES for Alabama’s Children, said in an interview Monday that while there is some research that supports claims that some additives can cause adverse health effects, she said more research is needed before implementing policy.

“We have to be careful that we are really making sure that this is backed up by science and not just going off conjecture or anecdotal evidence,” Hartsfield said.

Ingram suggested that “Make America Healthy Again” efforts in Washington have made the conversation possible in Alabama, saying that Kennedy, who was once a Democrat, is what “we need in this country to get down to the truth, instead of following a party telling us we don’t need to do that.”

HB 491 was referred to the House Health Committee, while HB 580 went to the House Education Policy Committee. Both await further action.

Last updated 7:03 a.m., Apr. 22, 2025