FDA Takes Action Against Red Dye No. 3

In a significant move for public health, the U.S. Food and Drug Administration (FDA) has officially banned Red Dye No. 3, also known as Erythrosine, from being used in food products. This decision, announced on a recent Wednesday, comes nearly 35 years after the dye was prohibited in cosmetics due to concerns about its potential carcinogenic effects.

This action followed a petition filed in 2022 by a coalition of health advocates who urged the FDA to revoke the dye’s authorization, citing various studies that indicated its link to cancer in laboratory animals. The agency’s decision aligns with the Delaney Clause, a legislation that mandates the ban of any food additive shown to cause cancer in humans or animals.

West Virginia’s Legislative Move Against Food Dyes

As the FDA makes strides in food safety, West Virginia is poised to become the first state to implement a wide-reaching ban on several artificial food dyes. House Bill 2354, introduced on February 13, 2025, is set to prohibit the use of dyes including Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3 in food items sold within the state.

The bill has navigated through both the state legislature and is expected to receive the Governor’s signature. If passed, the legislation will take effect on August 1 of this year for school lunches, with a statewide ban on all affected products set for January 1, 2028.

Stakeholder Perspectives

Support for Health Initiatives

Proponents of the West Virginia bill emphasize its importance for public health, particularly given the state’s low rankings in health metrics among both children and adults. Delegate Adam Burkhammer, a staunch supporter, framed the legislation as part of a broader movement to enhance health standards across the state, linking it to the national agenda of promoting healthier living.

Concerns from the Beverage Industry

On the opposite side, the West Virginia Beverage Association has raised alarms regarding the potential economic ramifications of the ban. They argue that eliminating these dyes could disrupt supply chains, lead to increased production costs, and ultimately affect job security in the food and beverage sector. They also express concern that such regulations may disproportionately impact lower-income consumers, who may find alternatives priced higher.

The Broader Context of Food Dye Bans

The move to ban artificial dyes is part of a growing trend across the United States, with over 20 states reportedly considering similar legislation aimed at regulating food chemicals and synthetic additives. Advocates argue that artificial coloring has been linked to various health issues, including behavioral problems in children.

The recent FDA ban on Red No. 3 reflects an increasing scrutiny on food safety and the long-term health implications of food additives. As consumers become more health-conscious, regulatory actions are anticipated to continue evolving.