Reading the ingredients label on just about any food product will leave a consumer with questions; however, the dangers associated with simple-sounding ingredients, such as Red 3, that may have once been unknown, are coming to light.  On January 15, 2025, the Food and Drug Administration (FDA) announced it would ban Red 3. Red 3 is a “synthetic food dye that gives certain foods and drinks a bright, cherry-red color, and is found in certain candy, cakes and cupcakes, cookies, frozen desserts, frostings and icings, and ingested drugs.” Red 3 is found in many products, such as candy corn, Peeps, Double Bubble chewing gum, PediaSure Strawberry Shake, and Betty Crocker Mashed Potatoes. It is even in Acetaminophen, a common pain reliever. Following the announcement, the FDA will no longer allow the use of the chemical in foods or ingested drugs, but gives manufacturers of foods until January 15, 2027, to stop using the additive and manufacturers of ingested drugs until January 15, 2028, to do the same.

Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), color additives are subject to FDA approval before being produced in foods or other products in close, prolonged contact with humans or animals. However, under the Delaney Clause of the FD&C Act, the FDA cannot approve any food additive found to cause cancer in animals or humans. In the case of Red 3, it was shown to cause cancer in male laboratory rats, but no evidence that it causes cancer in humans. 

While businesses that produce products with Red 3 can switch to one of the other “Reds” that grace the ingredients list of products on nearly every aisle of the supermarket, is that the best idea? The popular counterpart to Red 3, Red 40, is also under scrutiny as some studies show that the additive is carcinogenic in mice. Not to mention common food additives, Citrus Red 2, Blue 2, Green 3, and Yellow 6, all present as possible carcinogens in tests involving mice and rats. With the FDA’s crackdown on Red 3, how long will it be before the other rainbow of dyes are banned?

As the FDA has the legal authority to ban these additives, food producers should look to the future of safer, natural foods. Further, with consumers becoming aware of these dangers, an ever-growing market for foods without these contaminants is on the rise. Getting ahead of the curve and prioritizing cleaner alternatives is the clear winner, as studies show that nearly 70% of consumers seek foods that are free from artificial colors, flavors, and preservatives. Natural food dyes are gaining popularity amongst consumers. Many of the dangerous color additives can be replaced with a natural alternative, such as reds, oranges, and yellows, sourced from tomatoes, carrots, and apricots. The downside to producing foods with natural colors is the higher price. However, if the cheaper alternatives are harmful, it may be a relatively small price for businesses to pay. Another opportunity for food producers is the ability to market new products as “dye free.” With the publicity of this FDA ban, many consumers are becoming conscious of the ingredients in their foods, and new products flaunting labels of health may become the new sought-after products.  

While producers of foods with color additives may scramble to follow the new imposed restrictions by the FDA, this allows for many opportunities within the food industry. Swapping harmful additives, like Red 3, for natural alternatives is not only better for consumers ingesting the foods but can be beneficial for the businesses. As consumers shift away from these artificial color additives, manufacturers should follow suit to remain competitive in the market.

Kaitlyn Houser is a 2L at Wake Forest University School of Law. She holds a B.S. in Business Administration and Law from Western Carolina University. Upon graduation, Kaitlyn plans to practice in Charlotte, North Carolina.

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