Sugar Clouds: Examining the Cotton Candy Ban in Tamil Nadu and Puducherry

I. Introduction

Cotton candy, the sugary treat popular among children, has rung off alarm bells in India, with the government’s small step to test the confectionary item or prohibit its sale. In a bid to address concerns over public health and hygiene. This move has sparked debates among policymakers, health experts, vendors, and consumers.

Recently, the South Indian states of Tamil Nadu and Puducherry announced the candy could no longer be sold after lab tests revealed it contained a cancer-causing ingredient. Tamil Nadu Health Minister M Subramanian² directed all food safety officers to take the necessary precautions and severe action.

The Food Analysis Laboratory discovered Rhodamine-B in cotton candy and several coloured sweets, finding them unsafe and below standard for eating. Mr Subramanian declared it a punishable offence, stating that strict action would be taken against anyone engaged in the production, sale, serving, or packaging of products containing Rhodamine-B. Puducherry Lieutenant Governor Tamilisai Soundararajan³ issued an order saying "Those who have not received the quality certificate can immediately approach the food safety department and obtain it." After that, they can start selling cotton. The faster they obtain food safety certification, the sooner they may start their firm. Until then, cotton candy sales are prohibited. She warned that confectionery sold illegally would be confiscated. The move to ban the sale is likely to impact the livelihoods of numerous cotton candy vendors and manufacturers throughout the state jurisdiction.

(A) What is cotton candy?

Cotton candy also known as ‘fairy floss’, ‘candy floss’ and ‘buddhi ke baal’ is a spun sugar confection that resembles cotton. It is made from sugar syrup, then spun through a small hole, collected on a stick and served as a cotton candy. Made in different colours, this dish is eaten with great taste and is said to be very light in weight. It usually contains small amounts of flavouring or food colouring⁴. It has been a favourite sweet treat for generations, bringing back the memories of carefree childhood days at fairs and festivals. It is known as ‘Panju Mittai’ in Tamil Nadu.

It is made and sold globally, as candy floss in the United Kingdom, Ireland, India, New Zealand, Sri Lanka and South Africa, as fairy floss in Australia, as barbe à papa "daddy's beard" in France, as "girl's hair" in the United Arab Emirates and Saudi Arabia, as "girl’s yarn" in Egypt. Similar confections include Korean kkul-tarae and Iranian pashmak.

(B) Why was it banned?

The ban on cotton candy in Tamil Nadu and Puducherry was likely implemented due to concerns over public health and hygiene. Cotton candy is typically made by heating and spinning sugar, a process that can potentially pose health risks if not conducted. Additionally, there may have been concerns about the quality of ingredients used in cotton candy production and the lack of regulation in its preparation and sale in public spaces. By banning cotton candy, authorities aimed to mitigate these risks and safeguard the health of consumers, particularly children who are frequent consumers of this sweet treat.

If rumours are to be believed, the 'Buddhi ke Baal', as they are popularly nicknamed, are manufactured by adding very toxic chemicals that are damaging to little creatures, and there are several stores in Puducherry that make cotton candy using a dangerous toxin known as 'Rhodamine B'.

Recently Puducherry Lieutenant Governor Tamilisai Soundararajan stated that the food safety officials have found Rhodamine-B, a toxic substance, in cotton candy samples and Puducherry officials have been instructed to inspect shops selling cotton candies. While some stores have been closed, food safety authorities have been directed to confiscate any other establishments if dangerous substance is discovered in the cotton candy samples. According to the National Institutes of Health (NIH.gov), Rhodamine B, usually known as RhB, is a chemical molecule used for colouring. Its influence on cells and tissues is spread once it enters the body through diet. Prolonged ingestion of RhB-contaminated food can lead to cancer and liver damage. Its presence in excess might cause poisoning-like symptoms. Soon after, Tamil Nadu followed suit, with a study of samples taken at the Chennai lab indicating the presence of the deadly dye. The presence of Rhodamine-B in cotton candy came to light through routine food safety inspections. Raids were conducted in Chennai in response to Puducherry's ban, targeting merchants and production units. Samples taken during these raids were tested at the Government Food Analysis Laboratory, which confirmed the presence of the hazardous colour. In response to the disturbing findings, Tamil Nadu Health Minister Ma. Subramanian imposed a state-wide ban on cotton candy sales. He declared that using Rhodamine-B as a food additive⁵ is a violation of the Food Safety and Standards Act of 2006, and he instructed that offenders face heavy penalties.

Cotton candy sellers are caught off guard by the restriction. While they recognize the need to choose safe ingredients, they also express concern about the difficulties of distinguishing between allowed and dangerous colouring agents. The health department is considering a total ban on colours in cotton candy, making the situation even more difficult for vendors. Parents should think 100 times before offering this food to their children.

(C) What is Rhodamine-B, and how toxic it is?

Rhodamine-B is a water-soluble synthetic compound and a fluorescent dye chemical, commonly used as a colouring agent in products like inks, cosmetics, textile dyeing and the paper, leather, and paint industry. It is known for its bright pink to reddish-brown powder or crystal colouration. It is commonly used in microscopy, flow cytometry, dye lasers and fluorescence imaging. This compound is frequently used as a food additive in the manufacturing, packaging and sale of various food items like chilli powder and chilli oil. It is not approved for use in food due to its potential health hazards. Rhodamine-B exposure can lead to a variety of acute and long-term health issues. Its immediate health risks include fullness, itching, respiratory issues, and stomach trouble.

According to studies, Rhodamine-B causes various health problems such as nausea, vomiting, diarrhoea, cancer, cardiovascular disease, kidney disease, liver dysfunction, hormonal imbalance, premature birth, decreased immunity, nervous system development disorders, mental health problems, and learning disabilities/cognitive dysfunction.

According to studies, even if consumed in small quantities, the chemical is highly toxic and carcinogenic. If ingested frequently, it can severely harm the cerebellar tissue in the brain as well as the brainstem, which connects the brain to the spinal cord. The substance is hazardous to humans and can cause oxidative stress in cells and tissues if consumed. According to the Food Safety Standards Act of 2006, preparing, packaging, importing, marketing, and serving food containing Rhodamine-B at wedding ceremonies and other public events is a serious crime.

II. Ill effects of consuming cotton candy

Cotton candy contains high sugar which can cause blood sugar levels to rise quickly, which increases hyperactivity and the amount of energy generated from it. This might cause toddlers to have frequent mood swings and become irritated. Consuming too much might cause weight gain. Not only this, the sweetness in this cotton candy might also increase the risk of childhood obesity along with toothache and tooth decay due to its detrimental effects on dental health. Experts also point out that cotton candy lacks critical minerals. As a result, repeated ingestion might cause nutritional inadequacies in the child's diet, which may lead to nutritional deficiencies. Furthermore, the artificial colours and flavours commonly employed in cotton candy can induce allergic reactions in susceptible children.

Doctors and food safety officials have warned against the dangers of consuming Rhodamine-B. Physician Dr Shrey Srivastav said, “It doesn’t matter if a person consumes a small or large quantity, Rhodamine B⁶ is poison and it will have the same effects regardless of the amount consumed. Aside from carcinogens, it has many neurological adverse effects, including disorientation and memory loss, that appear gradually over time. Adults and children alike should never ingest anything containing this food colouring”.

This substance, when ingested, may manifest as a skin rash, gastrointestinal obstruction, or breathing problems. Thus, cotton candy may occasionally be a treat but parents should refrain from buying and giving this substance to children to avoid these adverse effects on children's health.

Some physical symptoms associated with the toxic substance

According to experts FIT spoke to, Rhodamine-B poisoning can present the following symptoms.

• Skin irritation – redness, itching, and rashes
• Eye irritation – redness, watering, and discomfort (if it comes in direct contact with the eyes)
• Nausea and vomiting
• Sharp or cramping abdominal pain, accompanied by discomfort or bloating
• Yellowing of the skin (jaundice)
• Symptoms of allergic reactions such as hives, swelling of the face, lips, tongue, or throat, and difficulty breathing

The Food Safety and Standards Authority of India (FSSAI) states that no colouring should be added to food unless specifically approved under the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011.

• The permitted synthetic colouring agents are:
• Red – Ponceau 4R, Carmoisine, Erythrosine
• Yellow – Tartrazine, Sunset Yellow FCF
• Blue – Indigo Carmine, Brilliant Blue FCF
• Green – Fast Green FCF

Trading Standards, the food regulatory authority in the UK, was cited by media as saying Rhodamine-B, which has a fluorescent pink colour, was used as a dye in textiles, cosmetics and inks.

Europe and the US state of California have banned its use as a food dye.

(A) What is the effect of the ban in other states?

The impact of banning cotton candy in other states can vary significantly depending on factors such as the popularity of the snack, cultural attitudes towards it, and the enforcement of regulations.

In February 2024, state of Tamil Nadu in India and Union of Puducherry implemented a ban after lab tests confirmed the presence of a cancer-causing substance, Rhodamine-B, in samples sent for testing. According to local media reports, Andhra Pradesh⁷ began testing candy samples, while food safety regulators in Delhi pushed for a ban.

In state where cotton candy is deeply ingrained in local culture and cuisine, such as Gujarat and Maharashtra, a ban could face resistance from both vendors and consumers. These states have a strong tradition of street food culture, and cotton candy may hold nostalgic or cultural significance. Therefore, implementing a ban may prove challenging.

Conversely, in states with more health-conscious populations or stringent public health policies, such as Kerala and Karnataka⁸, a ban on cotton candy may receive greater support as they promote healthier eating habits. As a result, there may be less opposition to the ban and easy to comply with regulation.

Overall, the effects of banning cotton candy in other states are likely to be influenced by a complex interplay of culture, economy and health factors. While some states may experience resistance and challenges in enforcement, others may see towards promoting healthier dietary habits.

(B) Its impact on businesses and consumers

The recent cotton candy ban in Tamil Nadu and Puducherry has left both businesses and consumers alike in a state of confusion. With cotton candy being a favourite treat for people of all ages, its absence from the market has been deeply felt. The ban has not only affected small vendors who rely on selling cotton candy for their livelihood, but also larger businesses that incorporate this treat into their offerings. The decision to ban cotton candy stems from concerns about its nutritional value and potential health risks⁹.

For businesses involved in cotton candy production and sales, the ban represents a direct threat to their livelihoods. Cotton candy vendors, manufacturers, and suppliers will likely experience a decline in revenue as they are forced to cease production and sales of the product. This can lead to financial losses, especially for small-scale businesses that rely heavily on cotton candy as a primary source of income. Moreover, the ban on cotton candy could have ripple effects throughout the supply chain, impacting suppliers of raw materials. This could further exacerbate the economic consequences of the ban and lead to job losses in related industries.

For consumers, the ban on cotton candy may result in the loss a beloved treat and a shift in dietary habits. However, the ban may prompt consumers to become more conscious of their food choices and seek out healthier alternatives. This could drive demand for nutritious snacks and confectioneries, creating opportunities for businesses to innovate and diversify their product offerings. Furthermore, there may also be consumers who are resistant to the ban and seek out illicit sources of cotton candy through underground markets or informal channels. This could pose challenges for law enforcement agencies tasked with enforcing the ban and may undermine its effectiveness in promoting public health.

In conclusion, the ban on cotton candy can have wide-ranging effects on businesses and consumers, impacting livelihoods, dietary habits, and consumer behavior. Effective mitigation strategies, such as support for affected businesses and promotion of healthier alternatives, may be necessary to address the socio-economic consequences of the ban while achieving its public health objectives.

III. Implication of legal challenges

The ban on cotton candy in Tamil Nadu and Puducherry may face several legal challenges, both in terms of its implementation and its compliance with existing law as of last update in January 2022, there were no specific legal challenges reported regarding the cotton candy ban in Tamil Nadu and Puducherry. However, it’s worth noting that legal challenges to food bans or regulations are not uncommon, particularly if stakeholders feel that their rights or interests are being infringed upon.

Constitutional rights: Some may argue that the ban infringes on their fundamental rights, such as the right to livelihood (Article 21) or the right to freedom of trade and occupation (Article 19(1)(g)) under the Indian Constitution.

Regulatory issues: The ban underscores the importance of regulatory compliance and enforcement in the food industry. It may serve as a precedent for similar measures targeting other food products perceived as detrimental to public health.

Procedural issues: Challenges may arise regarding the proper procedures followed in enacting the ban, including conducting a public consultation or providing adequate notice to affected parties and adherence to existing laws and regulations. They may also challenge the legality of the ban on procedural grounds, such as exceeding the authority granted to the relevant regulatory body.

Conflict with other laws: The ban on cotton candy may also face challenges based on potential conflicts with other laws or regulations. For example, businesses affected by the ban may argue that it violates their rights under the constitution¹⁰ or infringes on their freedom to conduct business. They may also claim that the ban conflicts with other laws governing food safety or consumer protection.

Justification for the ban: One potential legal challenge could be based on the justification for the ban. Opponents of the ban may argue that there is insufficient evidence to support the claim that cotton candy poses a significant risk to public health or the environment. They may challenge the scientific basis for the ban and argue that less restrictive measures could achieve the same public health objectives.

However, while the ban on cotton candy in Tamil Nadu and Puducherry is intended to protect public health, it may face legal challenges related to its constitutionality, justification, procedural issues, regulatory issues and potential conflicts with other laws.

IV. Conclusion

In conclusion, the cotton candy ban in Tamil Nadu and Puducherry reflects a broader trend of governments prioritising public health and safety in their regulatory efforts. The reasons for implementing the ban include concerns over hygiene standards during cotton candy production and by prohibiting the sale and distribution of cotton candy, authorities aim to mitigate these risks and protect consumers from potential harm. While the ban may have faced criticism and challenges, particularly from local businesses and consumers, it underscores the importance of balancing economic interests with public welfare. Moreover, efforts should be made to promote consumer awareness about the importance of purchasing cotton candy from reputable vendors who adhere to quality standards.

Ultimately, while cotton candy has been banned it is essential to balance regulatory measures with socio-economic considerations of local communities. By engaging stakeholders in dialogue and exploring innovative solutions, policymakers can work towards achieving the dual objectives of protecting consumers and supporting the livelihoods of small-scale vendors. In doing so, they can create a more sustainable and inclusive regulatory framework that promotes the well-being of all stakeholders involved.

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