Will the FDA Act on the Petition to Ban Red Dye 3?

Dec 9, 2024 at 2:30 PM
A red food dye that is commonly found in candies, drinks, and other products might soon face a ban in the United States. The Food and Drug Administration (FDA) has shown signs of finally taking action against the use of this additive, known as red dye No. 3. This artificial dye gives a cherry-red color to thousands of American products. While the FDA claims that it can be safe to consume, advocates have long been calling for its ban due to concerns about its link to cancer and behavioral problems in children.

Unraveling the Controversy Around Red Dye No. 3

What is Red Dye No. 3?

Red No. 3 is a color additive made from petroleum, which gives foods and drinks a bright-red coloring. It has long drawn the ire of advocates, public health groups, and lawmakers due to scientific studies linking it to health issues. It has been linked to hyperactivity in children and has also been found to cause cancer in animals. However, there is not enough research to prove a direct link to cancer in humans.

Consumer Reports, an advocacy and research nonprofit, called on the maker of Peeps candies to stop using red No. 3 in its products in 2023. 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.

FDA's Regulations on Red Dye No. 3

Although red No. 3 has been banned from cosmetics in the US since 1990, it still remains in food products. The FDA has two regulations for its use 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. But since it has not been found to cause cancer in humans, the FDA has not taken action to ban it 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. and Food Dyes

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. He has a reputation for being critical of the FDA and modern medicines. He has also questioned the efficacy of vaccines and the origin of COVID-19. He proposed the removal of fluoride from drinking water.

His views on food dyes add another layer of complexity to the ongoing debate. While he has not specified what he would do to address artificial food dyes if confirmed to the post, his stance has drawn attention to the issue.

States Taking 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 US, 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. In Illinois, the State Senate passed a bill in April that would ban red No. 3 along with three other chemical additives and sent it 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 last decade, bills targeting red No. 3 and other food dyes have been introduced in several other states as well. These efforts show the growing concern about the use of food additives and the potential health risks they may pose.

Food Manufacturers' Response

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." They argued that usurping the FDA's authority creates a patchwork of inconsistent requirements that increase food costs, create confusion around food safety, and erode consumer confidence.

However, the concerns raised by advocates and public health groups cannot be ignored. The potential health risks associated with red dye No. 3 and other food additives continue to be a topic of intense debate.