FDA Considers Ban on Red Food Dye

What's the story?

• The Food and Drug Administration is discussing a ban on synthetic food color dye red No. 3 following California's decision to prohibit the additive. 
• Public health advocates and experts are pushing to remove the dye from food supply chains nationwide. Nearly 3,000 products contain red No. 3, including many candies, drinks, protein shakes, potato products, instant rice, and boxed cake mixes, according to the Environmental Working Group's Eat Well Guide. 

What foods contain red dye No. 3?

• Archer Farms Hand Decorated Sugar Cookies
• Betty Crocker Fruit by the Foot
• Betty Crocker Loaded Potato Casserole
• Blue Bunny Chocolate Donut Ice Cream
• Brach’s Candy Corn
• Brach’s Star Brites
• Dippin’ Dots Cotton Candy
• Dole Fruit Packs
• Dubble Bubble chewing gum
• Duncan Hines Deliciously Moist Cake Mix
• Entenmann’s Little Bites
• Hostess Ding Dongs
• Jelly Belly candy
• Necco Wafers
• PediaSure Grow & Gain Kids’ Ready-to-Drink strawberry shake
• Peeps
• Pop Tarts Frosted Confetti Cake Bites.
• Trolli Sour Crunchy Crawlers
• Vigo Saffron Yellow Rice
• Yoo-hoo Strawberry Drink

California's decision

• With the California Food Safety Act, Assembly Bill 418, California became the first state to ban four food additives: red No. 3, potassium bromate, brominated vegetable oil, and propylparaben. The bill prohibits the manufacture, sale, and distribution of food products containing red No. 3. 
• Gov. Gavin Newsom signed the law, which will take effect in 2027, because of the dyes' potentially harmful effects on consumers. Newsom said the move is an effort to bring the U.S.'s food environment and standards closer to that of the E.U., where these chemicals are banned due to:

"...scientific studies that have demonstrated significant public health harms, including increased risk of cancer, behavioral issues in children, harm to the reproductive system, and damage to the immune system."

• He continued:

"Signing this into law is a positive step forward on these four food additives until the United States Food and Drug Administration (FDA) reviews and establishes national updated safety levels for these additives."

• A news release from Consumer Reports said that because of the size of California's economy, the ban may affect food across the country."

"It is unlikely manufacturers will produce two versions of their product — one to be sold in California and one for the rest of the country."

Red No. 3

• Red No. 3 was previously banned by the FDA in cosmetics and externally applied drugs, based on research that it can cause cancer in rats. However, the FDA continued to allow the dye's use in food. 
• Multiple studies have linked the dye to health problems, including behavioral issues in children. Peter Lurie, president and executive director of the Center for Science in the Public Interest, said:

"For 33 years now, we have been waiting for the FDA to take common sense action that would remove [red No. 3] from the market and thereby better protect American consumers."

• Christopher Gindlesperger of the National Confectioners Association, a trade group that includes companies that make candy, said the bill would result in increased food costs and confusion among customers. He said the bill is "out of its depths when it comes to national food safety standards."

"It's FDA's call to make. It's time for the FDA to lean into the discussion and, have a solid review, [and] evaluate all the available science."

• An FDA spokesperson said the agency is "actively reviewing" the petition from consumer advocacy groups to halt the use of red No. 3 and will assess if there's "sufficient data" to revoke its use. 

Should more states do the same?

-Jamie Epstein

(Photo Credit: iStock/markcarper)