The recent FDA ban on Red Dye No.3 has prompted many U.S. consumers to question the safety of synthetic food dyes in our food. Are the synthetic dyes in food harmful to our health?
The safety of use of synthetic food dyes has been a controversial topic. The U.S. Food and Drug Administration (FDA) regulates the use and safety of synthetic dyes in our food and drugs. Until recently, the FDA had yet to ban any use of synthetic dyes in the U.S, despite numerous other countries having banned the use of certain synthetic dyes. However, on January 15, 2025, the FDA announced its ban on the use of the dye Red No. 3 (also known as erythrosine) in U.S. food and drugs. This dye is prevalent in food, cosmetics and pharmaceuticals since the FDA approved its use in 1969.
The FDA’s decision to ban Red No. 3 complies with the 1958 Delaney Clause of the Federal Food, Drug and Cosmetic Act which mandates a ban on additives shown to cause cancer in humans or animals.
Manufacturers using Red No. 3 have until January 15, 2027, to remove it from food products and manufacturers have until January 18, 2028, to remove it from ingested drugs.
What are synthetic food dyes?
The most commonly used food dyes are synthetic petroleum-derived chemicals that are not naturally occurring. The dyes are used to make food more attractive in color and more appealing to eat. These dyes frequently occur in processed foods that are manufactured for and marketed for children.
Synthetic food dyes are classified as:
- Straight colors are color additives that have not been mixed or chemically reacted with any other substance (for example, FD&C Blue No. 1 or Blue 1).
- Lakes are formed by chemically reacting straight colors with precipitants and substrata (for example, Blue 1 Lake). Lakes for food use must be made from certified batches of straight colors.
- Mixtures are color additives formed by mixing one color additive with one or more other color additives or non-colored diluents.
Existen nine certified color additives approved by the FDA for use in food:
- FD&C Blue No. 1
- FD&C Blue No. 2
- FD&C Green No. 3
- Orange B
- Citrus Red No. 2
- FD&C Red No. 3 or E127 (just recently banned in the U.S.)
- FD&C Red No. 40 (also known as Allura Red)
- FD&C Yellow No. 5
- FD&C Yellow No. 6
More foods contain synthetic dyes than you may realize. According to USDA Branded Foods Database, more than 36,000 American food products contain Red 40, and more than 8,000 foods sold in the U.S. contain Red No. 3. The most popular food dyes are Red 40, Yellow 5 and Yellow 6. These three make up 90% of all the food dye used in the US.
Examples of common foods that contain synthetic dyes:
- Candies
- Baked goods
- Snack foods such as chips and crackers
- Fruit products
- Gummy vitamins
- Cereals
- Cough syrups
- Sports drinks
- Sodas
Health risks associated with Red No. 3 and other synthetic dyes
Research in this area is limited. However, over the past 35 years there has been scientific evidence of the negative health effects of Red No. 3. Although studies in this area have been completed on laboratory animals and not humans, there is mounting evidence from animal studies that link the dye to disruptions in thyroid regulation and findings of thyroid cancer in rodents.
There have also been several studies done on whether synthetic food dyes have an effect on behavioral issues in children, especially if that child has previously been diagnosed with hyperactivity disorders. In 2020, a group of researchers published findings that food-color additives, including Red 3, increased hyperactive behavioral symptoms in children.
Despite these studies, the FDA maintains a position that approved food additives are safe for consumption when used as recommended, and specifically for children stating “[t]he totality of scientific evidence indicates that most children have no adverse effects when consuming foods containing color additives, but some evidence suggests that certain children may be sensitive to them.”
Legislative Regulation
While the U.S. just recently banned Red No. 3 in foods, the same dye had been previously banned in cosmetics in the U.S. back in the 1990s. It was banned after researchers discovered its link to cancer in rodents. Interestingly, this dye has long been banned from foods in the European Union, New Zealand and Australia. Since 2010 the European Union has even required a warning label on products containing certain synthetic dyes.
California is currently the only state in the U.S. with the first ban on six artificial food dyes in public and school food and drinks by 2027. The dyes banned in California are Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
Several additional states in the U.S. have proposed legislación to ban certain food dyes and additives.
What can you do to limit consumption of these dyes?
Focusing on your nutrition by having a diet that includes whole, minimally processed foods will help to lessen your risk of consuming synthetic dyes. You can also consider certain grocery stores, like Whole Foods or Trader Joe’s, which do not carry products containing synthetic dyes and other potentially harmful ingredients.
Unfortunately, you cannot just identify foods that contain dyes by looking at them. You must read the ingredient list on the packaging label to properly identify if it contains synthetic food dyes. Synthetic dyes must be listed by name in the product’s ingredient list.
Reading ingredients on every label, on every product, can be onerous and time-consuming for consumers. However, a helpful tip to remember is the shorter the list of ingredients, the healthier and less processed the food is likely to be.
¿Qué sucede si me enfermé debido a un colorante o aditivo alimentario?
If you have experienced a foodborne illness due to the negligence of another person or business, call us today to discuss your situation. The foodborne illness attorneys at Allen & Allen can help. Call 866-388-1073 for free consultation.
