In October of the previous year, California became the first state to ban the use of four food additives: brominated vegetable oil (BVO), potassium bromate, propylparaben, and red dye No. 3. Other states have since followed this lead. The legislation, known as Assembly Bill 418, will take effect in 2027. Missouri and Washington have recently joined the ranks of states such as New York and Illinois in considering similar measures. If these bills are approved, they will take effect on January 1, 2027, prohibiting the sale, delivery, distribution, holding, or offering of foods containing any of the four additives in those states. Red dye No. 3 has been banned for nearly all food applications in the European Union since the early 1990s and is also prohibited in Japan, China, the UK, Australia, and New Zealand.
While the FDA banned the use of red dye No. 3 in cosmetics and externally applied drugs in 1990, it still permits this additive in food products. According to the FDA, the mechanism by which red dye No. 3 induces cancer in animal studies, specifically in rats, does not occur in humans, leading the agency to conclude that the findings from these studies have limited relevance to human safety. Consequently, the FDA has not moved to revoke its authorization of red dye No. 3 for food.
California has also proposed another bill that would ban seven additional food colorants in public schools. While these laws cite health concerns, including cancer, reproductive issues, and childhood behavioral problems, some food industry groups question the scientific validity behind these claims. Chris Gindlesperger, senior vice president of public affairs and communication at the National Confectioners Association (NCA), stated in an interview with Food Dive, “There’s been a flurry of activity in certain states, but there’s only one law on the books, and in fact, more states are moving away from this unfounded, emotionally driven campaign that lacks scientific support.” States like Indiana, Maryland, South Dakota, Washington, and West Virginia have rejected proposals to ban these additives. In March, legislators in Kentucky passed a resolution advocating for food safety decisions to be made at the federal level by the FDA.
The executives at the NCA concurred, with Gindlesperger asserting, “Our position is that the FDA should be making these decisions, not individuals who are unable to sleep and are searching online in the middle of the night.” In November, the FDA updated its list of concerning food chemicals, including BVO, for which they proposed a federal ban, and hinted that red dye No. 3 could be next.
The NCA, a national trade organization based in Washington D.C. that represents manufacturers of chocolate, candy, gum, and mints, fears these laws will impose an “extreme cost” on the confectionery industry. Gindlesperger noted, “It is very expensive to reformulate and reconfigure products to meet these requirements.” He expressed concern about the potential consequences if state lawmakers continue down this path, warning that we could end up with a patchwork of state laws that lead to higher food costs, consumer confusion, and diminished trust in the food safety system.
Consumer confidence in the industry may already be waning due to other factors; a recent OnePoll survey revealed that 36% of Americans believe the FDA prioritizes the financial interests of manufacturers over consumer health. The additives under scrutiny are primarily found in baked goods, candy, and soda. According to the New York Times, state legislators collaborated with organizations like Consumer Reports and the Environmental Working Group to determine which additives to include, focusing on ingredients banned in Europe yet still prevalent in the U.S., where research indicates significant health risks.
Red dye No. 3, also known as erythrosine, is a synthetic colorant derived from coal tar and petroleum. It has gained popularity in the food and drug industries since the early 1900s due to its vibrant red color. Gindlesperger criticized the decision-makers in California, stating, “Those who made the decision are not toxicologists; they lack the regulatory expertise to make such important decisions.”
In light of these developments, it is essential to consider the implications of these bans on various industries, including those producing supplements like Solgar liquid calcium, which may also face scrutiny as public awareness of food additives grows. As lawmakers continue to address concerns over food safety and consumer health, the discussion surrounding additives like red dye No. 3 and BVO will likely remain a focal point in both state and national conversations.