Lawmaker Calls for Nationwide Ban on Certain Red Food Dyes Linked to Cancer Risks

Legislation has already been introduced to ban red food dyes in several U.S. states, including California, Illinois and New York.

A member of the U.S. House of Representatives is calling for a nationwide ban of Red Dye No. 3, which is currently used in a number of different foods, drinks and drugs, including Nerds, Peeps, Pez, strawberry Nesquick and other products, even though use in cosmetics and topical medications has been banned since the 1990s.

FD&C Red Dye No. 3, also known as erythrosine, is a synthetic dye made from petroleum, which can give medications, candies and other foods a bright red color. However, the dye has been linked to numerous forms of cancer, children’s behavioral issues and reproductive issues.

As a result of this research, California has already passed legislation banning Red No.3 in that state, starting in 2027. Illinois and New York have also introduced legislation over the past year to ban the dye from use in foods, drinks and other products in those states as well. If enacted, those bans would take effect in 2028 and 2026 respectively.

U.S. Representative Frank Pallone, Jr. of New Jersey issued a letter (PDF) to the U.S. Food and Drug Administration on December 5, indicating that the agency should ban the chemical nationwide, since it is a known carcinogen that presents lifelong dangers to children.

In his press release, Pallone references an FDA petition submitted by the Center for Science in the Public Interest in 2022, which cites the Delaney Act as a cause to ban Red No. 3 in the United States. The Delaney Act was passed in 1960, and prevents the FDA from allowing the use of food dyes in any products if they have been found to cause cancer in animals or humans.

According to the FDA summary of the investigation, Red No. 3 has been known to cause cancer in rats for years. However, the FDA has determined that this research is not applicable to humans, and chose to only ban the dye in cosmetics and topical medications in 1990.

At a meeting of the U.S. Senate Health, Education, Labor, and Pensions committee on December 5, the FDA deputy commissioner, Jim Jones, said that the agency hopes to consider and act on the petition in the next few weeks.

“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,” Rep. Pallone said in his letter to the FDA. “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.”

Other dyes that have been linked to potential health risks for children and adults are Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2 and Green No.3. California will be banning all of these dyes in school lunches starting in 2027.

Red No. 3 is already banned in food products in Europe, the United Kingdom and many other countries.