FDA ‘Actively Reviewing’ a Ban on Red Food Dye

The U.S. Food and Drug Administration is “actively reviewing” a petition regarding a ban on red food dye additives. If passed, this ban could significantly change the way many foods are produced in the United States.

The FDA may outlaw the additive per a petition filed in November requesting a revocation of the use of FD&C Red No. 3 in food and ingested drugs. There are a lengthy number of petitioners listed on the docket: Center for Science in the Public Interest, Breast Cancer Prevention Partners, Center for Environmental Health, Center for Food Safety, Chef Ann Foundation, Children’s Advocacy Institute, Consumer Federation of America, Consumer Reports, Defend Our Health, Environmental Defense Fund, Environmental Working Group, Feingold Association of the United States, Food & Water Watch, Healthy Babies Bright Futures, Life Time Foundation, Momsrising, Prevention Institute, Public Citizen, Public Health Institute, Public Interest Research Group, Real Food for Kids, Lisa Y. Lefferts, Linda S. Birnbaum, and Philip J. Landrigan.

The status of the request is currently under review. The FDA stated that it 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 petition states that the Delaney Clause obligates the FDA to repeal the color additive regulations that permit the use of FD&C Red No. 3 in foods (including dietary supplements) and in ingested drugs.”

It continued, “The Delaney Clause, enacted in 1960, prevents FDA from finding a color additive to be safe if it has been found to induce cancer in humans or animals at any dose. Color additives are typically used in foods available in the U.S. marketplace in very small amounts and must be approved by the FDA. Red No. 3 is a color additive made from petroleum that gives foods and drinks a bright cherry-red color.”

The Request To Ban Red No. 3 Nationwide Could Be Approved by the FDA Shortly

The Food and Drug Administration may finally move to ban artificial red #food dye, the coloring found in beverages, snacks, cereals and candies.https://t.co/06fBi4EN3u

— FarmPolicy (@FarmPolicy) December 9, 2024

At a meeting for the Senate Health, Education, Labor and Pensions Committee, FDA Deputy Commissioner for Human Foods Jim Jones told NBC News that the human diet additive needs to be re-evaluated. “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,” he said.

The news outlet also quoted Frank Pallone Jr., D-NJ, House Energy and Commerce Committee ranking member, who claims that FD&C Red No. 3 serves no purpose other than to make food look appealing.

“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,” Pallone said. “While food companies must ensure that the food they market is safe, they are also only required to ensure that their products meet FDA’s standards. This means that thousands of products that contain this chemical can remain on the market.”  

The FDA has maintained that color additives are safe when they are used per FDA regulations. However, consumers may choose to avoid these additives if they wish by reading the ingredient list on a product’s nutrition label.

If you think that you or your child has experienced an adverse reaction related to a color additive, you may report the reaction to your nearest FDA district office or report the problems to CFSAN’s Adverse Event Reporting System (CAERS).

In 2023, a California processed foods ban featured the ingredient Red Dye No. 3, which now joins the list of prohibited additives in the state, alongside brominated vegetable oil, potassium bromate, and Propylparaben.