Will the FDA ban red dye 3? Controversial food additive used in candy, drinks under scrutiny
Advocates have long called for its ban amid concerns that the food dye could be linked to cancer.
A red food dye prevalent in candies, drinks and other products could soon be banned in the United States if federal regulators side with a petition that is under review.
The Food and Drug Administration has signaled that it may finally crack down on the use of the additive known as red dye No. 3, an artificial dye that gives a cherry-red coloring to thousands of American products. While the FDA has claimed that red 3, like other additives the agency has approved, can be safe to consume, advocates have long called for its ban amid concerns that the food dye is linked to cancer and behavioral problems in children.
At a U.S. Senate hearing last week, Jim Jones, the FDA’s deputy commissioner for human foods, said it’s been more than a decade since regulators have evaluated the safety of the synthetic color additive.
“With red 3, we have a petition in front of us to revoke the authorization board, and we’re hopeful that in the next few weeks, we’ll be acting on that petition,” Jones told a health committee Thursday.
What is red dye No. 3? Lawmakers, advocates call for ban
Red No. 3 is a color additive made from petroleum that gives foods and drinks a distinctive bright red coloring.
The food dye, which is largely banned in the European Union, has for years drawn the ire of advocates, public health groups and lawmakers due to scientific studies linking it to health issues.
Red No. 3 has been linked to hyperactivity in children and has also been found to cause cancer in animals, although there is not enough research linking the additive to cancer in humans.
Consumer Reports, an advocacy and research nonprofit, in 2023 called on the maker of Peeps candies to stop using red No. 3 in its products. Additionally, the Center for Science in the Public Interest, a consumer food safety organization, was among 24 groups and scientists that joined Consumer Reports in starting a petition in 2022 calling on the FDA to formally remove red No. 3 from the list of approved color additives in foods, dietary supplements and oral medicines.
Following last week's senate hearing, Frank Pallone, Jr., D-N.J., joined a growing list of lawmakers urging the FDA to ban the food dye.
“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,” Pallone said in a statement. “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.
Does the FDA regulate red dye No. 3?
While red No. 3 has been banned from cosmetics in the U.S. since 1990, the dye – one of nine synthetic dyes approved for use in the U.S. – remains in food products.
However, the FDA has two regulations for the use of red No. 3 in American products, one for food and one for ingested drugs.
FDA regulations specify the products in which additives like red No. 3 can be used, the maximum amounts allowed and how food dyes should be identified on food labels.
In 1990, the FDA banned red No. 3 from cosmetics and topical drugs under the Delaney Clause due to evidence that the dye is carcinogenic at high doses to lab rats. However, because the additives have not been found to cause cancer in humans, the FDA has not taken action to ban them from food.
The FDA has been reviewing that clause under a petition filed in 2022 by a slew of public health groups.
Robert F. Kennedy Jr, Trump's health secretary pick, blasts additives
Robert F. Kennedy Jr., President-elect Donald Trump’s nomination for health secretary, has spoken about the potentially harmful impacts of food dyes in American food.
Kennedy, who has not specified what he would do to address artificial food dyes if confirmed to the post, has a reputation for being critical of the FDA and modern medicines.
Kennedy has also in the past questioned the efficacy of vaccines and the origin of COVID-19. He's also spread unfounded claims about a link between childhood vaccines and autism, and he proposed the removal of fluoride from drinking water
After California ban, states take action
In 2023, California became the first state in the nation to ban the manufacture, sale or distribution of four food additives commonly found in thousands of products across the United States, including red No. 3.
In a separate act passed this year, California moved to ban six of the nine FDA-approved artificial food dyes in public school food and drinks by 2027. The bill did not include red No. 3.
Since then, more states have followed suit with bills of their own targeting the use of food additives, including Illinois and New York.
The Illinois State Senate in April passed a bill that would ban red No. 3, along with three other chemical additives, sending it next to the state House for consideration.
New York legislators also introduced a bill in February that would ban red No. 3 in food and drinks in the state.
In the past decade, bills targeting red No. 3 and other food dyes have been introduced in Maryland, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota, Washington, and West Virginia, according to the Environmental Working Group, a nonprofit.
Food manufacturers and industry groups have long been critical of such restrictions.
In a news release responding to the Illinois bill, the National Confectioners Association said "It’s time to stop pretending that Illinois state legislators have the scientific expertise to make these very important regulatory decisions."
"Usurping FDA’s authority does nothing but create a patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence," the association said in a statement.
Contributing: Cybele Mayes-Osterman, Alyssa Goldberg
Eric Lagatta covers breaking and trending news for Paste BN. Reach him at elagatta@gannett.com