This new law bans Red No. 40 from sale, distribution in Delaware schools. What to know

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Delaware is the latest state to ban Red No. 40 in schools.  

Here’s how the new law came about. 

Why is Red No. 40 banned in Delaware schools now? 

Senate Bill 69 was introduced on March 11 by Sen. Eric Buckson, R-South Dover, and aims to protect students in the First State from the potential health risks associated with Food, Drug and Cosmetic Red No. 40, a synthetic food dye made from petroleum. It contains benzene, a cancer-causing substance.    

SB 69 prohibits the sale or distribution of foods and beverages containing Red No. 40 during the school day in Delaware school districts and charter schools. This includes items sold in vending machines on campus or served a la carte.   

Recent concerns over the impact of synthetic food dyes on children’s health, including potential links to behavioral issues and hyperactivity, were cited as reasons for the proposed ban. 

SB 69 was signed into law by Gov. Matt Meyer on May 22, with the restrictions on Red No. 40 to take effect by July 1, 2026, allowing schools and education officials time to prepare for the transition. This makes Delaware only the second state, behind California, to ban Red No. 40 in schools. At least six other states have introduced similar legislation.   

Senate Bill 41 is a similar bill in Delaware that aims to ban Red No. 3 statewide, another synthetic food dye. This bill has yet to be decided on.

More on proposed Red No. 3 ban: Along with the FDA ban, Delaware legislators seek to ban use of Red No. 3 in the state

What foods and products have Red No. 40 in them?   

Red No. 40 is widely used and found in a variety of foods, cosmetics and pharmaceuticals, according to Healthline, including:    

• Flavored milk    

• Yogurt    

• Pudding    

• Ice cream    

• Popsicles    

• Cakes and other pastries    

• Candy    

• Gum    

• Breakfast cereals and bars    

• Fruit snacks    

• Gelatin    

• Chips    

• Powdered drink mixes, including some protein powders   

• Soda    

• Sports drinks    

• Energy drinks   

More legislation news: Medical aid in dying becomes law, Inspector General bill passes Senate: The Press Room

How to know if your food, products contain Red No. 40   

If Red No. 40 is in a product, it will be listed on the label as:   

• Red 40   

• Red 40 Lake   

• FD&C Red No. 40   

• FD&C Red No. 40 Aluminum Lake   

• Allura Red AC   

• CI Food Red 17   

• INS No. 129   

• E129   

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