This article reflects the regulatory status as of May 2026. Deadlines and state laws are subject to change. Check back monthly for updates.
The short version
Red No. 3 is gone from the food supply in practice: the FDA revoked its authorization in January 2025, and food manufacturers have until January 15, 2027 to finish reformulating. Six more dyes (Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3) are in a voluntary phase-out with a target of end of 2026. Four states have already banned these dyes from school meals. Here is everything you need to know about what is being removed, when, and why it took 17 years longer than Europe.
The 6-dye federal phase-out: what the FDA actually announced
On April 22, 2025, HHS Secretary Robert F. Kennedy Jr. and FDA Commissioner Marty Makary held a press conference announcing a plan to remove all petroleum-based synthetic dyes from the U.S. food supply. The announcement covered several actions:
Working with industry to eliminate six certified color additives by end of 2026:
| Dye | Also called | Common uses | Voluntary target |
|---|---|---|---|
| FD&C Red No. 40 | Allura Red AC, E129 | Candy, cereals, sports drinks, fruit snacks | End of 2026 |
| FD&C Yellow No. 5 | Tartrazine, E102 | Pickles, cereals, gelatin, snack chips | End of 2026 |
| FD&C Yellow No. 6 | Sunset Yellow FCF, E110 | Beverages, baked goods, candy | End of 2026 |
| FD&C Blue No. 1 | Brilliant Blue FCF, E133 | Beverages, candy, cereals | End of 2026 |
| FD&C Blue No. 2 | Indigo Carmine, E132 | Candy, pet food, beverages | End of 2026 |
| FD&C Green No. 3 | Fast Green FCF | Candy, beverages, peas (canned) | End of 2026 |
Formally revoking authorization for two smaller-use dyes, Citrus Red No. 2 and Orange B, through regulatory rulemaking.
Asking companies to accelerate the Red No. 3 removal, which already had a 2027 mandatory deadline.
One important caveat: the six-dye phase-out is voluntary. The FDA described it as an "understanding" with food companies, not a binding regulatory order. FDA Commissioner Makary said at the time: "Let's start in a friendly way, and see if we can do this without any statutory or regulatory changes." One year later, progress is mixed. General Mills, Campbell's, and Tyson have made concrete pledges. Coca-Cola, Unilever, and Mondelez have not.[^1]
The FDA launched a public tracking page in August 2025 to monitor which companies have committed to removing the dyes.[^2]
Red No. 3: the one that is already revoked
Red No. 3 is a separate story with a harder deadline. On January 15, 2025, the FDA issued an order revoking authorization for FD&C Red No. 3 in food, dietary supplements, and ingested drugs.[^3] The legal basis is the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, which requires the FDA to prohibit any color additive shown to cause cancer in humans or animals.
High-dose animal studies showed that Red No. 3 causes thyroid tumors in male rats. The FDA evaluated that data and concluded the Delaney Clause applies, regardless of whether those doses are realistic for human food consumption.
Reformulation deadlines:
- Food and dietary supplements: January 15, 2027
- Ingested drugs (oral medications): January 18, 2028
Red No. 3 (erythrosine) appears in fewer foods than Red 40, but it shows up in products where its bright cherry-red color is visually distinctive: maraschino cherries, some fruit-flavored candy, strawberry-flavored frozen novelties, nutrition shakes, children's cough syrups, and some gummy vitamins.
The 35-year gap in this story is worth noting on its own. In 1990, the FDA banned Red No. 3 from cosmetics, like lipstick and blush, under the same Delaney Clause logic. The animal cancer data existed. The FDA concluded the Delaney Clause applied to cosmetics and formally revoked that authorization. But it did not take the same step for food at that time, creating a situation where a dye was too risky to put on your lips but still permitted in your maraschino cherry. It took 35 more years to close that gap.[^4]
State-by-state: four laws already passed
States did not wait for federal action. Here is where things stand as of May 2026:
California (AB 2316, signed September 28, 2024)
Bans six dyes (Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3) from school meals and competitive foods sold on school campuses. Applies to all grades K-12. Effective: December 31, 2027.[^5]
Virginia (HB 1910 / SB 1289, signed March 21, 2025)
Bans seven dyes (including Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3) from school meals in public elementary and secondary schools. The legislature passed this unanimously on a bipartisan basis. Effective: July 1, 2026.[^6]
West Virginia (HB 2354, signed March 24, 2025)
Bans eight additives, including seven dyes, from school meals (effective August 1, 2025) and from all retail food products in the state (phased later). This was the first law in the country to target dyes at retail, not just schools. However, on December 23, 2025, a federal district judge issued a preliminary injunction blocking enforcement while the International Association of Color Manufacturers challenges the law in court. As of May 2026, the retail portion of the law remains blocked.[^7]
Utah (HB 402, signed March 27, 2025)
Bans the same six dyes from food served in public schools. Applies to school-provided breakfast and lunch, not parent-provided food or vending machines. Effective: 2026-2027 school year.[^8]
Several other states have bills in active legislative consideration. New York SB 01239 would ban the same dyes from all school meals. Texas SB has a bill in committee. Virginia's law notes that at least 30 states introduced legislation limiting food additives or dyes in 2025 alone, according to the Association of State and Territorial Health Officials.[^9]
Why now? The 17-year gap
In September 2007, researchers at the University of Southampton published a study in The Lancet showing that a mixture of six artificial food colors (combined with sodium benzoate) increased hyperactivity in both 3-year-old and 8/9-year-old children drawn from the general population.[^10] This was not a small or marginal finding. The effects were statistically significant. The study design randomized children across different diet conditions and used standardized hyperactivity scoring.
The UK's Food Standards Agency responded quickly. In April 2008, it called for a voluntary withdrawal of the six dyes by UK manufacturers. The European Parliament followed, requiring mandatory warning labels starting July 20, 2010, under EU Regulation 1333/2008. Any food in the EU containing one or more of those six dyes now has to carry the phrase: "may have an adverse effect on activity and attention in children."[^11]
The US did nothing comparable at the federal level for 17 years.
The reasons are structural. FDA food additive review in the U.S. relies heavily on petitions and industry-submitted data. Dyes already approved under old standards were not automatically subject to re-review. The GRAS (Generally Recognized As Safe) framework means many additives in long-term use are effectively grandfathered. Rulemaking to revoke an approved additive requires extensive documentation and is subject to industry legal challenge. The Delaney Clause gave the FDA a clear path to action on Red No. 3 specifically, but the other six dyes don't have the same straightforward legal hook.
What changed in 2025: a new administration with a stated priority around food additives, combined with enough state-level legislative momentum that federal inaction became politically untenable.
What replaces the dyes?
Natural colorants have been in use for decades. Beet juice, paprika extract, annatto, turmeric, spirulina, anthocyanins from grapes or elderberries, and carmine (from cochineal insects) all produce a range of colors. The problem is not availability: it is consistency, cost, and stability.
Synthetic dyes are cheap, stable, and predictable. Beet juice fades under heat and light. Turmeric shifts color with acidity. Natural colors typically cost more per unit of color than their synthetic counterparts. Reformulating a product that has used the same dye for decades requires adjusting for different pH sensitivity, heat behavior, and shelf stability.
Two newly approved natural colors fill a gap that was genuinely hard to address: blue. In May 2025, the FDA approved galdieria extract blue (from the algae Galdieria sulphuraria) and butterfly pea flower extract for use in food.[^12] Blue has long been difficult to achieve naturally at a cost and stability that works at industrial scale. These approvals give formulators more options.
Reformulation is not a flip of a switch. Consumer Reports quoted Brian Ronholm on this: "The infrastructure is already in place, so it's just a matter of flipping the switch on the domestic side, but many of them haven't."[^1] European versions of American products have already been dye-free for years, because EU warning labels made synthetic dyes commercially unfavorable. The formulas exist. The question is whether U.S. manufacturers will apply them before their pledged deadlines.
What this means for your shopping cart
The short-term practical reality: products on shelves today likely still contain the six dyes even from brands that have pledged to reformulate. Reformulation takes time. Packaging changes take time. Supply chains need to be rebuilt. General Mills has pledged to remove synthetic dyes from cereals and school foods by summer 2026, but the general public-facing timeline is end of 2027.
What to look for on labels:
The six dyes must be declared by name in the ingredient list when used as a color additive. Look for:
- Red 40 / Red 40 Lake / FD&C Red No. 40
- Yellow 5 / Yellow 5 Lake / FD&C Yellow No. 5
- Yellow 6 / Yellow 6 Lake / FD&C Yellow No. 6
- Blue 1 / Blue 1 Lake / FD&C Blue No. 1
- Blue 2 / FD&C Blue No. 2
- Green 3 / FD&C Green No. 3
- Red 3 / FD&C Red No. 3
Note that "natural colors" or "natural food coloring" in an ingredient list does not mean dye-free. It means the color comes from a natural source, which could still include carmine (from insects) or other additives that some consumers want to avoid. The only way to know what's in a product is to read the full ingredient list.
NoJunk scans ingredient labels and flags these dyes by name. You don't need to memorize the list. Point your camera at the label.
Sourcing note and update schedule
This article reflects the regulatory landscape as of May 22, 2026. The FDA voluntary phase-out deadline is end of 2026. Red No. 3 enforcement begins January 15, 2027. Several state laws take effect later in 2026 and into 2027. We update this article monthly as deadlines approach and court cases resolve.
Sources
[^1]: Consumer Reports, "One Year Later: Are Synthetic Dyes Still in Our Food?" April 20, 2026. https://www.consumerreports.org/health/food-additives/one-year-later-are-synthetic-dyes-still-in-our-food-a5846944223/
[^2]: FDA, "Tracking Food Industry Pledges to Remove Petroleum Based Food Dyes." Updated May 12, 2026. https://www.fda.gov/food/color-additives-information-consumers/tracking-food-industry-pledges-remove-petroleum-based-food-dyes
[^3]: FDA, "FDA to Revoke Authorization for the Use of Red No. 3 in Food and Ingested Drugs." January 15, 2025. https://www.fda.gov/food/hfp-constituent-updates/fda-revoke-authorization-use-red-no-3-food-and-ingested-drugs
[^4]: Cleveland Clinic Health Essentials, "Why Red Dye 3 Is Banned." January 23, 2025. https://health.clevelandclinic.org/red-dye-3
[^5]: EdSource, "Governor approves ban on synthetic dyes in school meals." September 30, 2024. https://edsource.org/updates/governor-approves-ban-on-synthetic-dyes-in-school-meals
[^6]: Virginia Mercury, "Youngkin signs bipartisan law banning synthetic dyes in school meals." March 21, 2025. Virginia SB 1289 / HB 1910, effective July 1, 2026 per Virginia LIS. https://lis.virginia.gov/bill-details/20251/SB1289
[^7]: National Agricultural Law Center, "Preliminary Injunction Halts Enforcement of West Virginia's Food Dye Ban." December 23, 2025. https://nationalaglawcenter.org/preliminary-injunction-halts-enforcement-of-west-virginias-food-dye-ban/
[^8]: Food Business News, "Utah joins states banning food colors at school." March 2025. https://www.foodbusinessnews.net/articles/27988-utah-joins-states-banning-food-colors-at-school
[^9]: Association of State and Territorial Health Officials (ASTHO), "States Moving to Prohibit Additives and Dyes in Food." 2025. https://www.astho.org/communications/blog/2025/states-moving-to-prohibit-additives-and-dyes-in-food
[^10]: McCann D, et al. "Food additives and hyperactive behaviour in 3-year-old and 8/9-year-old children in the community: a randomised, double-blinded, placebo-controlled trial." The Lancet. November 3, 2007. https://pubmed.ncbi.nlm.nih.gov/17825405/
[^11]: CMS Law, "Compulsory warnings on colours in food and drink." EU Regulation 1333/2008, effective July 20, 2010. https://cms.law/en/gbr/legal-updates/compulsory-warnings-on-colours-in-food-and-drink
[^12]: Federal Register, "Listing of Color Additives Exempt From Certification: Galdieria Extract Blue." May 12, 2025. https://www.federalregister.gov/documents/2025/05/12/2025-08250/listing-of-color-additives-exempt-from-certification-galdieria-extract-blue
[^13]: HHS, "HHS, FDA to Phase Out Petroleum-Based Synthetic Dyes in Nation's Food Supply." April 22, 2025. https://www.hhs.gov/press-room/hhs-fda-food-dyes-food.html
[^14]: EWG, "Interactive map: Tracking state food chemical regulation in the U.S." May 14, 2026. https://www.ewg.org/news-insights/news/2026/05/interactive-map-tracking-state-food-chemical-regulation-us
Related: Is Red 40 Safe? What the Evidence Shows | Natural vs Artificial Flavors: What the Label Hides | Red 40 deep-dive
Frequently asked questions
Common questions about this topic.
What food dyes are being banned in 2026?
The FDA revoked authorization for Red No. 3 in January 2025, with a reformulation deadline of January 15, 2027 for food products and January 18, 2028 for ingested drugs. Separately, on April 22, 2025, the FDA and HHS asked food companies to voluntarily phase out six additional petroleum-based dyes by end of 2026: Red 40 (Allura Red AC), Yellow 5 (Tartrazine), Yellow 6 (Sunset Yellow FCF), Blue 1 (Brilliant Blue FCF), Blue 2 (Indigo Carmine), and Green 3 (Fast Green FCF). The six-dye phase-out is voluntary, not a regulatory ban. The FDA is also in the process of formally revoking authorization for two smaller-use dyes, Citrus Red No. 2 and Orange B.
Is Red 40 actually banned?
Not yet. As of May 2026, Red 40 (also called Allura Red AC, E129 in Europe) is still authorized for use in the United States. On April 22, 2025, the FDA asked food companies to voluntarily stop using Red 40 and five other petroleum-based dyes by end of 2026. That is a request, not a regulatory order. The FDA has not revoked Red 40's authorization. Some companies have pledged to reformulate; others have not committed. California, Virginia, West Virginia, and Utah have banned Red 40 from school meals, but retail products remain legal in all states.
When does the food dye ban take effect?
It depends on the dye and the jurisdiction. Red No. 3 has a hard deadline: food manufacturers must reformulate by January 15, 2027, and drug manufacturers by January 18, 2028. The FDA's voluntary phase-out of the other six dyes (Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3) targets end of 2026, but this relies on industry cooperation rather than a regulatory order. State school-meal bans have their own timelines: Virginia's ban on seven dyes took effect July 1, 2026; California's ban on six dyes takes effect December 31, 2027; Utah's applies starting the 2026-2027 school year. West Virginia's law (effective August 1, 2025) is currently blocked by a federal court injunction.
What foods have Red 40 in them?
Red 40 is one of the most widely used synthetic dyes in the U.S. food supply. According to USDA branded foods data, more than 36,000 food products contain it. Common sources include fruit-flavored cereals, sports drinks, gummy candies and fruit snacks, gelatin desserts, strawberry or cherry flavored yogurt, maraschino cherries, flavored chips, and children's liquid medications and gummy vitamins. It appears on ingredient labels as 'Red 40,' 'Red 40 Lake,' or 'FD&C Red No. 40.' The Lake form is an oil-dispersible version used in products where fat-based coloring is needed. It shows up in foods you wouldn't expect to be artificially colored, including some pickles, barbecue sauces, and packaged oatmeal with added fruit flavoring.
Why did it take so long for the US to act on food dyes?
The EU required warning labels on foods containing six specific synthetic dyes in 2010, following a 2007 study from the University of Southampton published in The Lancet. The UK's Food Standards Agency called for voluntary withdrawal of the same dyes in 2008. The US took no equivalent action for the next 17 years. Several factors contributed to the delay. The FDA's process for reviewing food additives relies heavily on industry-submitted safety data. Synthetic dye manufacturers challenged the Southampton study's methodology and scope. Regulatory rulemaking in the US is slow by design. And the GRAS (Generally Recognized As Safe) framework allowed many substances already in use to remain grandfathered without updated safety reviews. The 2025 actions came under political pressure from the MAHA (Make America Healthy Again) initiative led by HHS Secretary Robert F. Kennedy Jr., combined with mounting state-level legislation that made federal inaction harder to sustain.
What natural colors are replacing synthetic food dyes?
Several natural colorants are already in wide use as alternatives, including beet juice (red and pink), paprika extract (orange-red), annatto (yellow-orange), turmeric (yellow), anthocyanins from fruits such as blueberry and elderberry (purple to pink), and spirulina (green-blue). In May 2025, the FDA approved three additional natural color additives to help replace the petroleum-based dyes being phased out. Two produce blue hues that have historically been hard to achieve naturally: galdieria extract blue, derived from a red algae called Galdieria sulphuraria, and butterfly pea flower extract, made from the dried petals of the butterfly pea plant. A third approved color is calcium phosphate, which produces white. Natural colors generally cost more and behave differently under heat and light than synthetic dyes, so reformulation is not a simple drop-in substitution.
Does the food dye ban affect Canada?
The FDA's actions apply only to the U.S. food supply. Health Canada conducted its own review of Red No. 3 after the FDA's January 2025 revocation and concluded that erythrosine (Red No. 3) does not pose a health risk to the general Canadian population at current exposure levels, so it remains authorized in Canada. The other six dyes targeted by the U.S. voluntary phase-out are also still approved for use in Canada. Canadian regulations for food color additives are governed by the Food and Drug Regulations under the Food and Drugs Act. That said, many multinational food brands selling in both the U.S. and Canada are likely to reformulate their products together, so Canadian consumers may see label changes without a Canadian regulatory requirement driving them.
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