FDA bans red dye No. 3 from foods
U.S. regulators on Wednesday banned the dye called Red 3 from the nation’s food supply, nearly 35 years after it was barred from cosmetics because of potential cancer risk. Food and Drug Administration officials granted a 2022 petition filed by two dozen food safety and health advocates, who urged the agency to revoke authorization for the substance that gives some candies, snack cakes and maraschino cherries a bright red hue. The agency said it was taking the action as a “matter of law” because some studies have found that the dye caused cancer in lab rats. Officials cited a statute known as the Delaney Clause, which requires FDA to ban any additive found to cause cancer in people or animals. Lisa Moskovitz, RD , joined LiveNOW from FOX to discuss.
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Certain food products could soon be banned in West Virginia.
The state is poised to become the first state to ban a range of food dyes, which could lead to a ban on the sale of countless food and beverage products in the state.
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West Virginia House Bill 2354
What we know:
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HB 2354 was introduced on Feb. 13, 2025, and has made its way through the state senate and house and was sent to Gov. Patrick Morrisey last week. Local reports suggest he’s expected to sign the bill.
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Passing the bill would ban dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 from foods sold in the state.
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Dig deeper:
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The ban would reportedly first affect foods and drinks used in school lunches, which would go into effect later this year on Aug. 1. The ban for items sold commercially statewide would go into effect Jan. 1, 2028.
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What we don’t know:
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It’s impossible to say yet just how many food and drink products would be affected, and which ones specifically. Additionally, the impact this would have on food and drink sales, jobs and the state’s economy isn’t clear.
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What they’re saying:
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Supporters of the bill and the lawmakers behind it say they’re going after the ingredients for health reasons.
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Republican Delegate Adam Burkhammer said the legislation is in support of the “Make America Healthy Again” movement, which has grown under President Donald Trump’s re-election and his appointment of Robert F. Kennedy Jr. as the Secretary of Health and Human Services.
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“West Virginia is nearly last in all health related categories for both adults and children,” Burkhammer wrote on social media. “First, we truly do want everyone to be healthy and have the ability to thrive in WV which ultimately supports the American dream of life, liberty, and the pursuit of happiness. Second, poor health is a major financial burden on our state that will continue to drain funds and resources if we don’t reverse the trends.”
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Big picture view:
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Artificial food dyes are widely found in common foods and other products. Some research has tied artificial coloring to behavioral problems in some children, and some consumers are concerned over other adverse – and perhaps unknown – health effects. For example, Red 3 has caused cancer in lab rats.
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The other side:
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An ingredient ban can pose risks to food and drink industries, by way of supply chain disruptions, increased costs and job loss, according to the West Virginia Beverage Association.
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The organization has been speaking out against the proposed ingredient ban on social media for the last few weeks, also arguing that it will impact lower-income consumers the most since regulated products are typically more expensive.
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FDA bans Red No. 3
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Meanwhile:
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So far this year, more than 20 states have introduced legislations that take aim at food chemicals, synthetic dyes and heavy metals, according to Environmental Working Group.
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Additionally, the FDA banned Red 3 from foods earlier this year, with the order set to go into force in January 2027.
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RELATED: FDA bans Red 3 food dye, citing cancer risk
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What is Red No. 3?
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Red No. 3, also known as Erythrosine, is a synthetic dye made from petroleum.
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It’s used as a color additive in food and ingested drugs to give them a “bright cherry-red color,” according to an online statement from the FDA.
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The Source: Information in this article was taken from House Bill 2354, as posted on the West Virginia legislature’s official government website. Further information breaking down the bill was taken from local The State Journal reportings, and from public statements made on social media by Delegate Adam Burkhammer and the West Virginia Beverage Association. Background information about food dye was taken from previous FOX Television Station reportings and The Associated Press, and from Environmental Working Group, an American nonprofit and environmental activist group.
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