Consumer Brands Association

By Shannon Kelleher

In the waning days of the Biden administration, a long-fought battle over a cancer-causing food additive is again in the spotlight as consumer advocacy groups and lawmakers demand federal regulators ban Red Dye No. 3, a chemical used to give popular candies, foods and drinks their cherry-red colors.

The issue took center stage Thursday at a US Senate hearing where lawmakers grilled Jim Jones, Food and Drug Administration (FDA) deputy commissioner for human foods, over the issue.

“Red 3 has been known to cause cancer in cosmetics but we still allow it to be put in our food. I don’t understand that,” Sen. Tommy Tuberville said in the hearing. “If we know something is deadly for anybody that ingests it how do we continue to just study that and not say hey, enough is enough?”

Industry studies linked Red Dye 3 to cancer in rodents more than 30 years ago, and public health groups have spent years lobbying food companies and regulators to get the chemical out of foods.

Two years ago, two dozen organizations and scientists submitted a petition to the FDA demanding a ban, citing a 1990 FDA conclusion that the chemical causes cancer when fed to rats.

Last month, 23 members of Congress sent a letter to the FDA also calling for a ban, saying the FDA “should act quickly to protect the nation’s youth from this harmful dye.” The letter noted Red Dye 3 has been banned or mostly banned in Europe, Australia and New Zealand and California has a ban on the dye in food taking effect in 2027.

“Thirty-four years of inaction is far too long,” the letter states.

In Thursday’s hearing, Jones said the agency was “hopeful” it would “be acting on that petition” in the “next few weeks.”

It is “long past time,” for the FDA to ban the dye, US Rep. Frank Pallone said in a Dec. 5 letter to the FDA. “With the holiday season in full swing where sweet treats are abundant, it is frightening that this chemical remains hidden in these foods that we and our children are eating.”