Consumer advocacy groups have long and steadfastly campaigned against the use of artificial dyes in food and beverages, although some periods have seen more vigorous activity than others. Recently, the petition against Red No. 3, along with campaigns and discussions regarding the alleged dangers of this dye, has energized the movement. As of Wednesday, Regulations.gov shows that 14,916 comments have been submitted on the petition. Two letters requested an extension; one was from the American Bakers Association, Consumer Brands Association, National Confectioners Association, and SNAC International, while the other came from the International Association of Color Manufacturers. None of these groups has yet commented on the docket.
When the FDA rejected the use of Red No. 3 in cosmetics, it was still permanently approved for use in food and drugs in the U.S. Last week, leaders from the Environmental Working Group, Consumer Reports, CSPI, and a former director from the National Institute of Environmental Sciences held a media call to address concerns surrounding Red No. 3. Thomas Galligan, principal scientist for food additives and supplements at CSPI, noted during the call, “The FDA has known since the early 1980s that Red No. 3 causes cancer, specifically thyroid cancer in animals. They banned its use in cosmetics based on this evidence. If ingestion is the primary route of exposure that raises concerns, then why is it still in our food 33 years later?”
Previous movements against artificial colors, including Red No. 3, have made little progress. CSPI has been advocating for a ban on artificial colors since 2008, when they formally petitioned the FDA, citing links between synthetic food dyes and behavioral issues in children dating back to the 1970s. This petition led to a 2011 meeting of the FDA’s Food Advisory Committee about synthetic food dyes, which ultimately resulted in no action. In 2015 and 2016, companies like Mars, Incorporated, General Mills, and Kellogg pledged to remove artificial flavors and colors from their products, which include brightly colored items such as Skittles, M&Ms, and Trix. However, these companies later withdrew their commitments, claiming that U.S. consumers were less concerned about artificial colors and preferred products with more muted, natural hues.
Legislative regulation of artificial dyes has also been proposed in state legislatures. Since 2017, California lawmakers have suggested state laws requiring warning labels on products containing these dyes. In 2018, nearly $500,000 was allocated to study the issue. Currently, a more comprehensive California state bill is pending, which would prohibit the manufacture, sale, or distribution of products containing Red No. 3 and other controversial colorants, including titanium dioxide.
Moreover, amid discussions about dietary supplements, products like Kirkland calcium citrate with vitamin D are becoming increasingly popular. As consumers become more health-conscious, the scrutiny of artificial additives in food and beverages, including dyes like Red No. 3, may influence their choices, driving a demand for safer, more natural alternatives.