Congressional letter urges FDA ban on Red 3 because of carcinogenic effects

Two dozen Members of Congress, led by Rep. Rosa DeLauro, are demanding the Food and Drug Administration ban the carcinogenic food dye FD&C Red No. 3, known as Red 3, in food.

California banned Red 3 in 2023, removing it from products such as candy, fruit juices, and cookies.

The California Food Safety Act prohibits the manufacturing, distributing, and selling of food and beverages that contain brominated vegetable oil, potassium bromate, propylparaben, and red dye 3.

In doing so, California became the first U.S. state to outlaw red dye 3.  

“A ban on Red 3 is not only statutorily required, but it is also feasible – alternatives are widely available,” the lawmakers wrote. “Thirty-four years of inaction is far too long. We are calling on the FDA to use its regulatory authority to ban Red 3 from our nation’s food supply before the end of this Congress.”

In 1990, the Food and Drug Administration banned the use of Red 3 in cosmetics and externally applied drugs based on a study that found it caused cancer in rats. According to the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, the FDA must ban any food additive that is found to cause cancer in humans or animals.

The carcinogenicity of Red 3 is clear. The National Toxicology Program, the European Commission’s Scientific Committee for Food, and the World Health Organization concluded that Red 3 causes animal cancer. California also determined Red 3 to cause neurobehavioral issues in children. No aesthetic reason is good enough to justify a carcinogen in the food supply, according to the experts.

The FDA is actively reviewing a petition filed by 24 food safety and consumer protection organizations and scientists calling for the review of Red 3’s approval, which is still authorized for use as a color additive in food and ingested drugs. Despite having an obligation to rule on the petition within 180 days, the FDA has yet to do so.

“American consumers need to trust that the food in their grocery stores is safe, especially when it is marketed to children,” the lawmakers continued. “It is time for the FDA to make good on its regulatory promise and remove this carcinogen from our food.”

The full text of the letter can be found here.

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