Illustration: Tiffany Herring/Axios
Food manufacturers will soon be banned from using the common food additive Red Dye No. 3 under an FDA rule released on Wednesday.
Why it matters: The move comes two years after a petition from consumer advocates including the Center for Science in the Public Interest pointed to studies showing a connection between the dye and increased risk for cancer in rats.
- The FDA banned Red Dye No. 3 in cosmetics 35 years ago.
The big picture: The move by the Biden administration comes at a time of increasing bipartisan interest in the safety of the U.S. food supply.
- Red Dye No. 3 is used in sodas, juices, certain candies and frosting, as welll as certain drugs. Some companies including Mars Wrigley have already removed it from products like Skittles.
- It could intersect with the agenda of HHS Secretary-designate Robert F. Kennedy Jr., who’s stated concerns about additives in foods.
- Last week, senior Democratic Reps. Frank Pallone of New Jersey and Rosa DeLauro of Connecticut urged the FDA to finalize the ban.
- The rule takes effect in 2027. It also bans the use of the dye in drugs and supplements.
Between the lines: The FDA concluded the rat studies are of “limited relevance” when it comes to determining increased cancer risk posed to humans by the dye.
- However, the agency concluded that a section of the Food, Drug and Cosmetic Act called the Delaney Clause — which requires an additive to be “deemed unsafe” if it’s found to induce cancer when ingested by man or animal — applies.
- Critics have suggested the Delaney Clause should not be considered because the FDA has discretion and the data suggests the dye causes cancer in male rats due to a species-specific mechanism.
