The FDA determined that the data presented in a 2022 color additive petition show that this ingredient causes cancer in male laboratory rats exposed to high levels of FD&C Red No. 3 because of a hormonal mechanism that occurs in male rats
USFDA will no longer allow for the use of FD&C Red No. 3, also referred to as Red Dye No. 3, Red Dye 3, and erythrosine, 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, and frostings and icings, and ingested drugs.
On January 15, 2025, the FDA issued an order to revoke these authorizations. Manufacturers who use FD&C Red No. 3 in food and ingested drugs will have until January 15, 2027 or January 18, 2028, respectively, to reformulate their products. Consumers could see FD&C Red No. 3 as an ingredient in a food or drug product on the market past the effective date in the order if that product was manufactured before the effective date.
The FDA is revoking the authorization for the use of FD&C Red No. 3 based on the Delaney Clause of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The Delaney Clause, enacted in 1960 as part of the Color Additives Amendment to the FD&C Act, prohibits FDA authorization of a food additive or color additive if it has been found to induce cancer in humans or animals.
The FDA determined that the data presented in a 2022 color additive petition show that this ingredient causes cancer in male laboratory rats exposed to high levels of FD&C Red No. 3 because of a hormonal mechanism that occurs in male rats. Studies in other animals or in humans did not show the same effect and there is no evidence showing FD&C Red No. 3 causes cancer in humans.
Under the FD&C Act (Chapter VII, section 721), color additives, including FD&C Red No. 3 are subject to FDA approval before they may be used in food, drugs, or cosmetics, or in medical devices that come into direct contact with the bodies of people or animals for a significant period of time.
Color additives, including FD&C Red No. 3, require pre-market review and approval by the FDA. The law requires evidence that a color additive is safe under its intended conditions of use before it may be added to foods.
In the case of color additives, manufacturers submit data and information to the FDA as a petition requesting approval of the intended use. The FDA evaluates the petition, and other existing data and information, and if the data available demonstrates that the substance is safe under the proposed conditions of use, the agency issues a regulation authorizing the use of the color additive. When evaluating the safety of a new color additive or a new use for a listed color additive, the FDA considers factors, including likely amount of consumption, intended use, the manufacturing process, and its physical and chemical properties, among others.
When the FDA approves the use of a color additive, the regulations specify the products in which it can be used, any maximum amounts allowed to be used, its identity and specifications, and whether it must be certified by the FDA. In cases where data demonstrates that a color additive intended for ingestion can induce cancer in human or animal based on appropriate tests, the Delaney Clause directs the FDA to find such uses of the color additive unsafe.
Under the FDA’s food labeling regulations, certified colors must be declared in the statement of ingredients on food labels by “FD&C Red No. 3” or without the “FD&C” prefix or the term “No.”– “FD&C Red 3” or “Red 3”.
Other countries allow the use of FD&C Red No. 3 under a different name, such as in Canada and Europe under the name erythrosine.
Subscribe To Our Newsletter & Stay Updated