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# U.S. Regulators Ban Red 3 Dye from Food Supply: A Long-Awaited Decision

On Wednesday, U.S. regulators made a significant move by banning the artificial dye known as Red 3 from the nation’s food supply. This decision comes nearly 35 years after the dye was already prohibited from use in cosmetics due to its potential cancer risks.

## Background of the Ban

The Food and Drug Administration (FDA) acted on a petition submitted in 2022 by a coalition of about two dozen food safety and health advocates. This group urged the FDA to revoke its authorization for Red 3, which is commonly used to impart a vibrant red color to various consumer products like candies, snack cakes, and maraschino cherries. The agency stated that its action was taken as a “matter of law,” in response to scientific studies demonstrating that Red 3 caused cancer in laboratory rats.

The FDA referenced the Delaney Clause, a legislation that mandates the agency to ban any food additive that has been found to cause cancer in humans or animals. Known scientifically as erythrosine, or FD&C Red No. 3, the dye has now been eliminated from the list of approved color additives for food products, dietary supplements, and ingested medications, including cough syrups.

## Regulatory Timeline and Manufacturer Compliance

The FDA has granted food manufacturers until January 2027 to eliminate the dye from their products. Likewise, producers of ingested medications will be required to cease using Red 3 by January 2028. Although some other nations permit certain uses of the dye, any imported food items must now comply with the new U.S. regulations.

## Praise from Consumer Advocates

Consumer advocates have hailed the ban as a significant step in protecting public health. Dr. Peter Lurie, director of the Center for Science in the Public Interest—a leading voice in the petition—expressed that the FDA’s decision is both a welcome and overdue action. He emphasized the unsustainable double standard in which Red 3 had been banned for cosmetics yet allowed in food products, particularly given its known health risks.

## Potential legal Challenges Ahead

Despite the regulatory changes, it is uncertain whether the ban will be met with legal challenges from food manufacturers. The existing research does not conclusively demonstrate that Red 3 causes cancer in humans when consumed. During a congressional hearing in December, FDA Commissioner Dr. Robert Califf suggested that this ambiguity could indeed lead to legal disputes. He expressed concern that insufficient scientific backing could undermine the FDA’s position in court.

The FDA initially declined to ban Red 3 from food and drugs as recently as 1990, citing research that indicated the cancer-causing mechanisms in rats did not apply to human biology. Nonetheless, advocates have persistently pressed the FDA to reassess this decision in light of emerging health data.

## Legislative Support for the Ban

Amid growing public concern, particularly regarding children’s welfare, nearly two dozen members of Congress sent a letter urging the FDA to act decisively against the harmful dye. Lawmakers highlighted the importance of this ban in protecting children, who disproportionately consume more of the dye based on their body weight compared to adults. Their letter firmly stated that there is no justification for using a carcinogen to enhance the visual appeal of food.

Public sentiment appears to be on the side of reform, as a recent AP-NORC poll indicated that two-thirds of Americans support restricting or reformulating processed foods to eliminate harmful ingredients like artificial dyes and excessive sugars. The support is particularly strong among those with higher educational qualifications and incomes.

## International Context and Manufacturer Responses

Red 3 has already been banned for food use in Europe, Australia, and New Zealand, barring a few exceptions for specific cherry varieties. California is set to impose a similar ban starting in January 2027, while lawmakers in states like Tennessee, Arkansas, and Indiana are also moving forward with proposals to restrict certain dyes, especially in foods available in public schools.

In contrast, the International Association of Color Manufacturers has defended Red 3, arguing that it is safe at levels typically consumed by humans. They refer to extensive research conducted by scientific bodies affiliated with the United Nations and the World Health Organization, including a 2018 review reaffirming the dye’s safety.

In anticipation of regulatory changes, some food manufacturers have proactively reformulated their products to exclude Red 3. Alternatives such as beet juice, carmine (derived from insects), and natural pigments sourced from vegetables like purple sweet potato, radish, and red cabbage have been adopted, according to Sensient Food Colors, a supplier of food colorings and flavorings based in St. Louis.

## Role of AI legalese decoder in Understanding Regulatory Changes

Navigating the complexities of food regulations and legal standards can be challenging for consumers and manufacturers alike. This is where **AI legalese decoder** offers valuable assistance. By simplifying legal language and clarifying regulatory changes, AI legalese decoder helps stakeholders understand the implications of such bans, enabling them to make informed decisions regarding compliant product formulations and public health advocacy. Its capabilities simplify the legal jargon, making it accessible for both industry professionals and the general public to comprehend the repercussions of new legislation like the ban on Red 3.

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Associated Press writers Kimberlee Kruesi in Nashville, Tennessee, and Linley Sanders in Washington contributed to this report.

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The Associated Press Health and Science Department receives funding and support from the Howard Hughes Medical Institute’s Science and Educational Media Group as well as the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

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