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Abstract

This Note examines California’s emerging leadership in food additive regulation amid perceived federal shortcomings, particularly within the FDA’s “generally recognized as safe” (“GRAS”) framework. Using recent legislation, the California Food Safety Act (“CFSA”) and the California School Food Safety Act (“CSFSA”), as case studies, this Note explores how California has acted to ban additives still permitted under federal law, citing gaps in federal oversight and consumer protection. This Note places these laws in the broader context of California’s regulatory legacy, including Proposition 65 and the artificial trans-fat ban. It also compares enforcement mechanisms, highlighting the effectiveness of Proposition 65’s private right of action versus the CFSA’s reliance on public enforcement. Ultimately, it argues that California’s innovation in both substantive regulation and enforcement design provides a model for strengthening food safety governance across the United States.

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