Food safety advocates applauded the news that US regulators ban Red No. 3 — and said they anticipated no hiccups in quickly removing the artificial coloring from U.S. grocery store shelves.
Red No. 3 gives thousands of foods, drinks and sweets their cherry red hue. On Wednesday, after decades of concerns about the additive’s safety, the Food and Drug Administration announced it would ban its use starting in 2027.
Those who called for Red No. 3 to be banned said there was no reason why it couldn’t be removed from products sooner. It has long been banned in the European Union and some other countries, meaning many companies that sell food and drinks overseas already have recipes they can easily swap for American consumers.
Additionally, in 2023, California became the first state to pass a law banning Red No. 3 in the products sold there. This ban, also expected to take effect in 2027, is expected to have a nationwide effect on manufacturers, who likely won’t reformulate their recipes just for Californians.
“Companies have been on alert about this,” said Dr. Peter Lurie, president and executive director of the Center for Science in the Public Interest, a consumer advocacy group that has asked the FDA in 2022 to end the use of Red No. 3. “They had plenty of time to think about this problem and find alternatives.”
According to the Environmental Working Group, a research and health advocacy organization that joined the Center for Science in the Public Interest’s petition, red No. 3 is found in about 3,000 products sold in the United Statesincluding store-bought baked goods, seasonal candies, strawberry meal replacements and much more.
First approved for food use more than a century ago, Red No. 3 is made from petroleum and was banned in cosmetics in 1990 after a study found the dye caused the cancer in rats exposed to high doses. However, it was allowed to remain in foods, even though countries like the EU banned it in 1994 (except in cocktail cherries) and as mounting evidence showed it was carcinogenic to animals.
Assemblyman Jesse Gabriel, a Democrat who introduced California legislation banning Red No. 3 in his state, said banning the dye would not result in a product being removed from U.S. supermarkets. He said it would just require minor reformulations of recipes, many of which are already implemented in other countries.
“There are many natural alternatives readily available. Businesses know this,” he said. “They make the same versions of products we know and love here in the United States and in other countries, without the harmful dyes.”
Common alternatives to synthetic red food dyes include beet juice and pomegranate juice — natural options that companies have avoided because they perceive them to be more expensive, said Vineet Dubey, a consumer protection and environmental lawyer. environment, from the law firm Custodio & Dubey LLP based in Los Angeles. farm.
“It’s cheaper to use these artificial colors. That’s why these companies use them,” he said. “And if they are allowed to do so in the interest of profit, they will use the cheapest material.”
But Gabriel said research conducted for his legislation concluded otherwise.
“By introducing this bill and putting it through the Legislature, we have actually shown that in most cases, the safer ingredients are actually cheaper,” he said. “We do not expect the price of food to increase. »
Food manufacturers said they would comply with the FDA’s ban on Red No. 3. Ferrara, the maker of Brach candy corn, which contains Red No. 3, said it had started to phase out the dye at the beginning of 2023 and that less than 10% of its product portfolio currently has it.
“We are on track to eliminate food coloring from remaining products by the end of 2026,” Ferrara said in an email. “All of our products are safe to consume and are made using only FDA-approved ingredients.”
Just Born, the maker of Peeps Easter marshmallow candies, said it stopped using Red No. 3 after last Easter.
“Just Born has always evolved with new developments and consumer preferences. We have removed Red #3 from all PEEPS products,” he said in an email to NBC News on Wednesday.
The Consumer Brands Association, a trade group, said food safety is the top priority for companies, adding in a statement from Senior Vice President of Product Policy and Federal Affairs Sarah Gallo that “companies in the food and beverage industry will continue to monitor and comply with the latest scientific advances.” with all food safety regulations to ensure safe and available choices for consumers.
The International Color Manufacturers Association, which represents the color additive industry, maintained that Red No. 3 was safe for consumption, arguing that in a statement that the ban was based on evidence of cancer in animals and not humans. Nevertheless, the FDA says so cannot allow food additives that cause cancer in humans or animals.
The FDA does not ban other artificial colors associated with distinct health problems, such as hyperactivity and behavioral problems in children, including Red 40. Lurie said it is possible that some manufacturers simply swap Red No. 3 for Red 40.
Regardless, removing Red No. 3 is a “big win” for consumers, said Melanie Benesh, vice president of government affairs at the Environmental Working Group.
“This shouldn’t be difficult for businesses to achieve,” she said.
“Many of the multinational food companies that manufacture products in the United States also sell to Europe and have found ways to comply with the ban in Europe while still selling brightly colored red foods that are attractive on these markets. markets, and have succeeded in doing so. without Red 3,” she added.
