Dyes and additives
Red 40: federal status and state bans
Allura Red AC, sold to food makers as FD&C Red No. 40, is the most common synthetic dye in the US food supply. Here is where the law stands, state by state.
Is this dye or additive banned in your state?
FD&C Red No. 40 in California, November 5, 2026
Out of school food from December 31, 2027
| FDA | Allowed by FDA Listed for use in food. FDA asked industry in April 2025 to stop using it voluntarily; its tracker names the end of 2027 as the target. No revocation order. |
| school food | Enacted, not yet in effect AB 2316 (2024), from December 31, 2027. |
FD&C Red No. 40, E129, CAS 25956-17-6. 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 40 is not banned by the FDA: it remains a listed color additive under 21 CFR 74.340, and every batch must still be certified by the agency before it is sold. What changed in April 2025 is a request, not an order: the FDA asked manufacturers to stop using it, together with five other petroleum-based dyes, and its tracker now names the end of 2027 as the target. The binding rules are at state level. Several states keep Red 40 out of school meals or food sold on school grounds, each from its own date, and West Virginia went further with a ban on food sold in the state from 2028 that a federal court has blocked. No state ban on all food has yet started. On a label it can read Red 40, Red No. 40, FD&C Red No. 40 or Red 40 Lake; in Europe it is E129.
Which states keep this dye out of school food?
School-food rules naming Red 40
10 states
| California: December 31, 2027 (enacted, not yet in effect) | |
| 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) | |
| Delaware | July 1, 2026 (in effect) |
| Alaska: January 1, 2028 (enacted, not yet in effect) | |
| Iowa: school years beginning on or after July 1, 2027 (enacted, not yet in effect) | |
All food sold, not only schools: West Virginia.
Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources
Reading it on a label
Federal labeling rules let a manufacturer drop the "FD&C" and the "No." from the name, so "Red 40" on a package means the same listed dye. The word "Lake" must stay when the lake form is used: it is the dye bound to aluminum so it does not bleed, which is why candy coatings and frosting often list Red 40 Lake. Products sold in the European Union print E129 and, under EU rules, the warning sentence "may have an adverse effect on activity and attention in children", required for six colors including this one. That warning is an EU legal requirement, quoted on the page on other countries; it has no equivalent in federal US law.
What a school ban means in practice
A school rule applies to what a district serves or sells on campus during the school day. It does not reach the same snack at a grocery store, and most laws let parents pack what they like. The school meal page compares the scopes.
Red 40: identity and federal status
| Name in the federal rules | FD&C Red No. 40 |
| Other names on labels | Allura Red AC, Red 40 Lake |
| E number (EU) | E129 |
| CAS number | 25956-17-6 |
| Federal rule | 21 CFR 74.340 |
| FDA status | Listed for use in food. FDA asked industry in April 2025 to stop using it voluntarily; its tracker names the end of 2027 as the target. No revocation order. |
State laws that name Red 40
| State | Law | Scope | From | Status today |
|---|---|---|---|---|
| California | AB 2316 (2024) | school food | December 31, 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 |
| Delaware | SB 69 (153rd General Assembly) | school food | July 1, 2026 | In effect |
| Alaska | SB 187 (34th Legislature) | school food | January 1, 2028 | Enacted, not yet in effect |
| Iowa | HF 2676 (91st General Assembly) | school food | school years beginning on or after July 1, 2027 | Enacted, not yet in effect |
Where Red 40 shows up in labeled products
| Category | Products listing it | Products in the category | Share |
|---|---|---|---|
| Candy and chocolate | 14,269 | 33,904 | 42.1% |
| Gelatin and pudding | 689 | 2,033 | 33.9% |
| Chewing gum and mints | 547 | 1,669 | 32.8% |
| Frosting, sprinkles and syrups | 1,881 | 6,350 | 29.6% |
| Drink mixes and water enhancers | 1,303 | 4,994 | 26.1% |
| Cakes, pastries and toaster pastries | 3,454 | 14,007 | 24.7% |
| Soda | 1,687 | 7,922 | 21.3% |
| Cookies | 2,478 | 14,740 | 16.8% |