Food Dyes in the News as RFK Jr. Hearing Draws Near

The question of removing synthetic color additives such as Red 40 from the food supply has been making the rounds in the news as the Senate confirmation hearing for Robert F. Kennedy Jr., President-elect Donald Trump's pick for Health and Human Services secretary, draws nearer.

On Thursday, during the Senate Health, Education, Labor, and Pensions Committee meeting, Jim Jones, the FDA's deputy commissioner for human foods, stated it's been over a decade since the agency reevaluated Red 40's safety profile. "With Red 3," he said, "we have a petition in front of us to revoke the authorization board, and we're hopeful that in the next few weeks we'll be acting on that petition."

House Energy and Commerce Committee ranking member Frank Pallone Jr., D-N.J., also on Thursday, urged the FDA in a letter to ban the petroleum-based Red 3, which is used in food and drinks to bring out a bright red color.

"There is simply no reason for this chemical to be in our food except to entice and mislead consumers by changing the color of their food so it looks more appealing," the congressman wrote. "With the holiday season in full swing where sweet treats are abundant, it is frightening that this chemical remains hidden in these foods that we and our children are eating. While food companies must ensure that the food they market is safe, they are also only required to ensure that their products meet FDA's standards. This means that thousands of products that contain this chemical can remain on the market."  

However, one of the roadblocks to getting harmful substances out of the food supply is getting the FDA to recognize they're there in the first place. According to Jennifer Pomeranz, an associate professor of public health policy and management at the New York University School of Global Public Health, currently, the food and drug agency lacks a way to formally review substances already in the food supply.

"Even when there is an enormous amount of data," she added, "it can take decades to remove something that might be harmful from the food system. The FDA clearly needs more resources for post-market research because of these additives that have been in the food system for so long without any post-market review."

Red 3 and Yellow 5 were approved by the agency in 1969. Red 40 was approved in 1971. Safety trials at the time were only conducted on animals, not people.

A 2021 review of all the available research on synthetic food dyes by the California Office of Environmental Health Hazard Assessment concluded that their consumption "can result in hyperactivity and other neurobehavioral problems in some children, and that children vary in their sensitivity to synthetic food dyes."

According to Thomas Galligan, principal scientist for food additives and supplements at the Center for Science in the Public Interest, "The evidence now shows pretty conclusively that when some kids eat these, they will experience nervous system effects that look like ADHD. There are 27 human clinical trials that show these dyes do in fact harm children's behavior."

Kennedy, a vocal critic of artificial food additives, has made the issue a centerpiece of his public health platform, claiming that dyes like Red 3 and Red 40 are not only unnecessary but harmful.

Already at the state level, actions are being taken, or have been taken, to ban these artificial dyes. In California, legislation was passed in October 2023 to ban six FDA-approved food dyes in public schools by 2027. In Illinois, lawmakers advanced legislation to ban Red 3 by 2028. In New York, legislators introduced a bill to ban Red 3 in all food and drinks by 2026.

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