California's ban on red food coloring calls into question FDA food policies

The dye was banned in cosmetics after a study suggested it could be carcinogenic. Yet federal regulations still allow its use in foods, stoking concerns that have helped build support for the new state law.

Thirty-three years after the Food and Drug Administration banned its use. of Red Dye No. 3 found in lipstick and other cosmetics by linking it to cancer, California became the first state to ban the chemical in food.

Gov. Gavin Newsom, a Democrat, signed legislation this month banning red dye and three other chemicals. Red #3 is used in Halloween treats and other foods, including private label candies, cookies, and icings sold at national chains such as Walmart and Target.

California law increases public pressure on F.D.A. to examine similar questions regarding artificial colors and other ingredients. But the agency itself is in flux after the infant formula scandal raised concerns about food oversight. Dr. Robert Califf of the FDA. commissioner, has begun a reorganization of its struggling food division, marked by the departure of two senior officials and the appointment of a deputy commissioner with significant experience in food safety.

Assemblyman Jesse Gabriel, a Democrat who represents a district near Los Angeles, said inaction by the federal agency as well as gaps in food safety regulations contributed to lawmakers' reasoning. State in favor of the measure.

“The primary purpose of this bill was to protect the children, families, and consumers of the State of California.” , did he declare. “But a secondary goal here was to send a message to Washington that the F.D.A. The process is broken and will hopefully spur momentum in Washington D.C. for real, meaningful change. »

The F.D.A. said in a statement that it "evaluates and regulates ingredients added to foods to ensure that the permitted use of these ingredients is safe." This includes the four ingredients included in the California bill. »

California law applies to food chemicals that are also banned in the European Union and some other countries. Red coloring is still permitted for use in maraschino cherries.

First approved for food use in 1907, Red Coloring No. 3 was banned in cosmetics by U.S. regulators in 1990. At the time, the F.D.A. cited an industry study that found the chemical caused thyroid cancer in male rats (but not mice), but estimated it could cause cancer in fewer than 1 in 100 people 000. In addition to banning the dye in cosmetics, the agency has committed to doing the same with foods.

"We are stuck in this dilemma regulatory where you're not allowed to apply this to your skin, but you can ingest it in food — so it's completely illogical,” said Brian Ronholm, director of food policy for Consumer Reports, who signed petition and supported the California bill.

Over the next decades, however, red dye became a common coloring in candies and icings. Last year, the Center for Science in the Public Interest, along with other advocacy groups, petitioned the F.D.A. to take action against this. The F.D.A. said it was reviewing the petition and had reviewed the safety of the dye, including studies on rats, which it said "are not relevant to human cancer."

The petition also cited a