Banned Elsewhere
Red No. 3 is still allowed in U.S. candy until Jan. 15. The EU limits it to cherries
On Jan. 15, 2025, the U.S. Food and Drug Administration revoked its authorization of the color additive FD&C Red No. 3 in food and ingested drugs. But the order gave food makers until Jan. 15, 2027, to reformulate, so the dye can still be legally used in candy and baked goods sold this Halloween. Most of Europe takes a stricter approach: the European Union allows the same dye, called erythrosine or E 127 there, in only a few kinds of preserved cherries.
What the record shows
- Why the FDA acted: A 2022 petition led by the Center for Science in the Public Interest pointed to studies in which male laboratory rats fed high levels of Red No. 3 developed thyroid tumors. The Delaney Clause, part of federal food law, bars the FDA from authorizing a color additive found to cause cancer in humans or animals. The FDA said it acted "as a matter of law."
- Deadlines: Food, including dietary supplements, by Jan. 15, 2027. Ingested drugs by Jan. 18, 2028.
- Where it's used: The FDA says Red No. 3 has mainly been used in candy, cakes and cupcakes, cookies, frozen desserts, and frostings and icings.
- California: The California Food Safety Act, signed in October 2023, bans the sale of food containing Red No. 3 in the state from Jan. 1, 2027, two weeks before the federal date.
- Europe: Under EU food additive rules, erythrosine is permitted only in cocktail cherries, candied cherries and Bigarreaux cherries. Australia and New Zealand have a similar cherry-only limit.
- Industry: In April 2025, the FDA and the Department of Health and Human Services asked companies to stop using Red No. 3 sooner. The FDA keeps a public tracker of companies that have pledged to remove synthetic dyes and their timelines.
How to spot it on a label
Check the ingredient list, not the front of the package. In the U.S. it appears as "Red 3," "FD&C Red No. 3" or "Red No. 3." On imported products it may say "erythrosine" or "E127." Red 40 is a different dye and is not part of this order. Our article on checking a product's safety record covers how to read ingredient flags.
What it means, and what it doesn't
The FDA states that the way Red No. 3 causes cancer in male rats does not occur in humans, and that people are typically exposed to much lower levels than the rats in those studies. The agency revoked the authorization because the law requires it after an animal cancer finding, not because it concluded the dye harms people at normal levels. A product that contains Red 3 before Jan. 15 is legal to sell everywhere in the U.S. until California's ban takes effect on Jan. 1. Whether to buy it is your call.
How ChooseWell shows this
When you scan a barcode, ChooseWell shows the product's full ingredient list and flags additives that regulators have restricted, with a link to the source. It shows the record. It doesn't tell you what to buy.
Check it yourself
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Sources
- FDA: FDA to revoke authorization for the use of Red No. 3 in food and ingested drugs (Jan. 15, 2025)
- FDA: FDA encourages food manufacturers to accelerate phasing out the use of FD&C Red No. 3 before 2027 deadline
- FDA: Tracking food industry pledges to remove petroleum-based food dyes
- Federal Register: Color additive petition to revoke the listing of FD&C Red No. 3 (Jan. 16, 2025)
- California Legislature: AB 418, California Food Safety Act
- Jones Day: California becomes the first state to ban four common food additives
- EUR-Lex: Regulation (EU) No 1129/2011, the EU list of permitted food additives
- Food Standards Australia New Zealand: Application A603, erythrosine assessment