Dyes and additives
Red 3 ban: the federal dates and the state laws
Erythrosine, FD&C Red No. 3, is the only synthetic food dye the FDA has ordered off the market so far. The order has two dates, and states moved first.
Is this dye or additive banned in your state?
FD&C Red No. 3 in California, November 5, 2026
Banned in California from January 1, 2027
| FDA | FDA ban ordered, not yet in effect FDA revoked its listing for food (including dietary supplements) and ingested drugs on January 16, 2025 (90 FR 4628). The order applies to food from January 15, 2027 and to ingested drugs from January 18, 2028; the stay caused by objections was lifted on August 5, 2026 (91 FR 50475). |
| all food sold | Enacted, not yet in effect AB 418 (2023), from January 1, 2027. |
FD&C Red No. 3, E127, CAS 16423-68-0. School rules cover food served or sold to students, not grocery shelves. Legal status only, not health advice.
All dye and additive rules in CaliforniaRed 3 is the one dye with a federal ban on the calendar. On January 16, 2025, the FDA published an order revoking the listing of FD&C Red No. 3 for food, dietary supplements included, and for drugs taken by mouth. Food makers have until January 15, 2027; drug makers until January 18, 2028. The agency acted under the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, which bars a color additive found to induce cancer in people or animals, after a petition pointed to studies in male rats. The order was stayed in February 2025 after objections and the stay was lifted on August 5, 2026, with the same dates kept. California had already banned Red 3 in food sold in the state from January 1, 2027, under its Food Safety Act, and several school laws name it as well. Until those dates, products made with it can still be sold.
Which states keep this dye out of school food?
School-food rules naming Red 3
7 states
| West Virginia | August 1, 2025 (in effect) |
| Texas: the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026) (in effect) | |
| Utah: the 2026-2027 school year (in effect) | |
| Virginia: July 1, 2027 (enacted, not yet in effect) | |
| Louisiana: the 2028-2029 school year (enacted, not yet in effect) | |
| Arizona: the 2026-2027 school year (in effect) | |
| Alaska: January 1, 2028 (enacted, not yet in effect) | |
All food sold, not only schools: California and West Virginia.
Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources
Two dates, one product range
The food date covers candy, frosting and every other food, plus dietary supplements, which federal law treats as food. The drug date covers tablets, syrups and other medicines swallowed by mouth. The order does not reach cosmetics or drugs applied to the skin, which are listed under other sections of the rules. Once each date passes, a product that still contains the dye is adulterated under federal law wherever it is sold, so the state rules that name Red 3 become a second layer on top of a ban that already applies everywhere.
What to look for on a package
Labels may print Red 3, Red No. 3, FD&C Red No. 3 or erythrosine; the EU number is E127. The ingredient checker reads all of these forms.
Red 3: identity and federal status
| Name in the federal rules | FD&C Red No. 3 |
| Other names on labels | Erythrosine |
| E number (EU) | E127 |
| CAS number | 16423-68-0 |
| Federal rule | 21 CFR 74.303 |
| FDA status | FDA revoked its listing for food (including dietary supplements) and ingested drugs on January 16, 2025 (90 FR 4628). The order applies to food from January 15, 2027 and to ingested drugs from January 18, 2028; the stay caused by objections was lifted on August 5, 2026 (91 FR 50475). |
State laws that name Red 3
| State | Law | Scope | From | Status today |
|---|---|---|---|---|
| California | AB 418 (2023) | all food sold | January 1, 2027 | Enacted, not yet in effect |
| West Virginia | HB 2354 (2025) | all food sold | January 1, 2028 | Enacted, enforcement blocked by a court |
| West Virginia | HB 2354 (2025) | school food | August 1, 2025 | In effect |
| Texas | SB 25 (89th Legislature, 2025) | package label | labels developed or copyrighted on or after January 1, 2027 | Enacted, a court order bars enforcement against some companies |
| Texas | SB 314 (89th Legislature, 2025) | school food | the 2026-2027 school year (food contracts entered into or renewed on or after September 1, 2026) | In effect |
| Utah | HB 402 (2025) | school food | the 2026-2027 school year | In effect |
| Virginia | HB 1910 and SB 1289 (2025) | school food | July 1, 2027 | Enacted, not yet in effect |
| Louisiana | SB 14 (2025) | school food | the 2028-2029 school year | Enacted, not yet in effect |
| Louisiana | SB 14 (2025) | package label | December 31, 2028 | Enacted, not yet in effect |
| Arizona | HB 2164 (2025) | school food | the 2026-2027 school year | In effect |
| Alaska | SB 187 (34th Legislature) | school food | January 1, 2028 | Enacted, not yet in effect |
Where Red 3 shows up in labeled products
| Category | Products listing it | Products in the category | Share |
|---|---|---|---|
| Frosting, sprinkles and syrups | 1,080 | 6,350 | 17.0% |
| Cookies | 1,610 | 14,740 | 10.9% |
| Chewing gum and mints | 173 | 1,669 | 10.4% |
| Candy and chocolate | 3,308 | 33,904 | 9.8% |
| Cakes, pastries and toaster pastries | 1,033 | 14,007 | 7.4% |
| Sports and energy drinks | 85 | 2,655 | 3.2% |
| Cake and baking mixes | 239 | 7,507 | 3.2% |
| Ice cream and frozen treats | 338 | 15,154 | 2.2% |