US government moves to outlaw red food dye amid cancer and neurological disorder fears

The US Food and Drug Administration (FDA) may move to outlaw the contentious Red No. 3, an artificial food dye commonly used in snacks, cereals, candies and beverages that produces a bright cherry red color. 

The federal agency is reviewing a petition that invokes the Delaney Clause, which requires the FDA to ban food additives that are found to cause or induce cancer in humans or animals as indicated by testing.

Research has shown that Red No. 3, which is an additive made from petroleum, could cause cancer in rats, in addition to being linked to other potential health issues such as ADHD among children.

“The FDA is actively reviewing a petition filed for FD&C Red No. 3, which is authorized for use as a color additive in food and ingested drugs. The FDA hopes to make a regulatory determination on FD&C Red No. 3 soon,” an FDA spokesperson tells Food Ingredients First.

Under the Delaney Clause, the petition obligates the federal agency to repeal the color additive regulations that permit using Red No. 3 in foods, including dietary supplements.

Red No. 3 safety concerns

The FDA has assessed the safety of Red No. 3 several times since its approval in 1969.

“Let me say this, Red 3 has been known to cause cancer in cosmetics but we still allow it to be put in our food. I don’t understand that,” says senator Tommy Tuberville.

House Energy and Commerce Committee ranking member Frank Pallone Jr. has also urged the FDA to take immediate action against using red dye in the products it regulates.

“There is simply no reason for this chemical to be in our food except to entice and mislead consumers by changing the color of their food so it looks more appealing,” he says in a statement.

Research has shown that Red No. 3, which is an additive made from petroleum, could cause cancer in rats.“With the holiday season in full swing where sweet treats are abundant, it is frightening that this chemical remains hidden in these foods that we and our children are eating. While food companies must ensure that the food they market is safe, they are also only required to ensure that their products meet the FDA’s standards.”

“This means that thousands of products that contain this chemical can remain on the market.”

California leads legislation

California became the first US state to ban dye and multiple other food additives in 2023, followed by other states introducing similar legislation.

The law will take effect in 2027 in the state, which governor Gavin Newsom believes would give companies plenty of time to adapt to the rules.

Newsom’s decision was met with pushback from industry bodies such as the National Confectioners Association (NCA), which at the time said the law would undermine consumer confidence.

“They’re making decisions based on soundbites rather than science. Governor Newsom’s approval of this bill will undermine consumer confidence and create confusion around food safety,” read a statement from the NCA.