Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Deputy commissioner for human foods confirms FDA intends to finalize decision on Red Dye 3 soon

By Dan Flynn on December 7, 2024
Email this postTweet this postLike this postShare this post on LinkedIn
red white candy

FDA Deputy Commissioner for Human Foods Jim Jones confirmed in a Senate hearing this week that the Food and Drug Administration intends to finalize its decision on the carcinogenic food dye FD&C Red No. 3, known as Red 3, in the use of foods fairly soon.

Jones acknowledged that it’s been a while since the FDA and Red Dye No. 3 have been in touch. Jones told the hearing that ” at FDA, we have not evaluated the safety of Red 40 in over a decade.”

Republican Sen. Tommy Tuberville said: “Let me say this: 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.”

 “So, (In) Red 3, we have a petition in front of us to revoke the authorization for it, and we are hopeful that within the next few weeks, we will be acting on that petition, and a decision should be forthcoming, Jones said.

A letter asking the FDA to ban Red Dye No. 3 was signed by 22 members of Congress, led by Connecticut Democratic Rep. Rosa DeLauro.

The DeLauro letter, signed on Nov 25, urged the agency to finalize a ban on the carcinogenic food dye in foods.

“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 FDA 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 is required to ban any food additive that is found to cause cancer in humans or animals.

The letter said the carcinogenicity of Red 3 is clear. The National Toxicology Program, the European Commission’s Scientific Committee for Food, and the World Health Organization have all concluded that Red 3 causes cancer in animals. The state of California also determined that Red 3 causes neurobehavioral issues in children. There is no aesthetic reason good enough to justify a carcinogen in the food supply.

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. Red 3 is still authorized for use as a color additive in food and ingested drugs. 

Despite being obligated 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 State of California in 2023 passed a law banning Red Dye 3,

(To sign up for a free subscription to Food Safety News,click here)

Photo of Dan Flynn Dan Flynn

Editor Dan Flynn is a Northern Colorado-based writer and editor with more more than 15 years of food safety experience. As a public affairs professional, he worked with government and regulatory agencies at the local, state, and federal levels. His career as a…

Editor Dan Flynn is a Northern Colorado-based writer and editor with more more than 15 years of food safety experience. As a public affairs professional, he worked with government and regulatory agencies at the local, state, and federal levels. His career as a journalist included working for newspapers throughout the West, from the Black Hills to Seattle. His on-scene reporting on the collapse of the Idaho’s Teton Dam and the suicide bombing at Washington State University’s Perham Hall was carried by newspapers around the world and was recognized both times regionally by the Associated Press for Best Reporting on a Deadline. Most of the disasters he attends these days involve food illnesses.

Email
Show more Show less
  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Safety News
  • Organization:
    Marler Clark, Inc., PS
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo