Have they banned Red 40 in America? The Truth About Evolving Food Dye Regulations

January 9, 2026 •

3 min read

As of recent announcements regarding a wider phase-out of synthetic color additives, a common question has emerged: have they banned Red 40 in America? The simple answer is no, not yet on a federal level, but significant regulatory shifts at both the state and federal level are underway, making its future uncertain.

Quick Summary

Red 40 is not currently federally banned, but a broader federal phase-out of synthetic dyes has been announced, and California has banned it in some contexts.

Key Points

Federal Status: Red 40 is not federally banned yet, but the FDA announced a phase-out of petroleum-based synthetic dyes in April 2025.
State Restrictions: States like California have passed laws to ban Red 40 from certain foods and school meals, with bans starting in 2027 and beyond.
International Comparison: The European Union requires a warning label on Red 40 products regarding effects on children, a more precautionary approach than the historical U.S. standard.
Health Concerns: Concerns regarding Red 40 include links to hyperactivity and ADHD in some sensitive children, allergic reactions, and traces of potential carcinogens like benzidine.
Consumer Action: Consumers can avoid Red 40 by reading ingredient labels and opting for products that use natural colorants such as beet juice or paprika.
Regulatory Shift: Growing public awareness and political pressure are accelerating the regulatory review of synthetic dyes and driving the shift toward natural alternatives.

Red 40: Federal vs. State Regulations

The status of Red 40 in the United States is more complex than a simple 'banned' or 'not banned.' While the U.S. Food and Drug Administration (FDA) has historically deemed FD&C Red No. 40 (Allura Red AC) safe for use, the regulatory landscape is shifting dramatically. This change is driven by growing public concern, a renewed focus on food safety by federal and state lawmakers, and mounting evidence regarding the potential adverse health effects of synthetic food dyes.

The Federal Stance and Recent Developments

For decades, the FDA maintained that Red 40 was safe, but recent events signal a new direction. In April 2025, the U.S. Department of Health and Human Services and the FDA announced new measures aimed at phasing out petroleum-based synthetic dyes from the nation's food supply. This initiative indicates that a federal ban on Red 40 is a strong possibility, though the full implementation may take years. Previously, the FDA acknowledged that some sensitive individuals may be affected by certified color additives, which contributed to ongoing caution regarding a full ban. The current administration is taking a more proactive approach, similar to European regulators.

State-Level Bans and Restrictions

Some states have implemented their own restrictions. California's 2024 law (AB 418) prohibits Red 40 and other artificial colors in school foods starting in 2027. At least 10 other states are considering similar laws. This creates varying regulations across the country.

International Comparison: The European Union's Approach

In the European Union (EU), Red 40 (E129) is permitted but requires a warning label stating it "may have an adverse effect on activity and attention in children". This is based on a 2007 study and the EU's precautionary principle.

Potential Health Concerns Associated with Red 40

Concerns about Red 40, especially for children, continue to be debated.

Hyperactivity and ADHD: Studies, including a 2021 report from California's OEHHA, suggest a link between synthetic food dyes and behavioral issues in some children. Some trials show increased hyperactivity after consuming drinks with color additives, including Red 40.
Allergic Reactions: Rare allergic reactions to Red 40 have been reported, with symptoms like hives and itching.
Potential Carcinogens: Red 40 contains trace amounts of benzidine, a known carcinogen. Long-term effects from small, repeated exposure require more research.

Alternatives to Red 40

Many natural alternatives are available for coloring food.

Natural Color Alternatives:

Beet juice or powder: Provides a red color.
Paprika oleoresin: Offers a red-orange hue.
Anthocyanins: Derived from sources like black carrots, providing red, purple, and blue shades.
Carmine: A red dye from cochineal insects.
Pomegranate juice: A source of deep red color.

US vs. EU/California Regulations: A Comparison


Feature	United States (Federal)	European Union	California (Starting 2027 for schools)
Current Status	Permitted by FDA, but a phase-out is planned for synthetic dyes, including Red 40.	Permitted (as E129), but with a mandatory warning label on products containing it.	Banned from school meals and certain food products.
Approval Basis	Deemed safe based on available data; recent regulatory approach shift.	Precautionary principle; requires warning label for potential harm.	Explicit legislative ban based on health concerns.
Labeling	Must be listed by name (FD&C Red No. 40) or as "Artificial Color Added".	Must list E129 and a warning about potential effects on children's activity and attention.	Products sold in schools cannot contain the dye; label changes will reflect broader ban.

Conclusion: The Final Word on Red 40 in America

So, have they banned Red 40 in America? The answer is no, not federally, but its presence in food is diminishing. The FDA's plan to phase out synthetic dyes and state bans indicate its eventual removal from many products. For concerned consumers, natural alternatives are readily available. For more information, consult the U.S. Food and Drug Administration's official resources.

Frequently Asked Questions

As of October 2025, yes, Red 40 is still legal for use in food nationwide, but its status is changing. The FDA announced measures in April 2025 to phase out petroleum-based dyes, though a final timeline is pending.

California passed a law, AB 418, which bans the use of Red 40 and other specified synthetic dyes in foods served in public schools. The ban is scheduled to take effect by the end of 2027.

The FDA banned Red No. 3 in early 2025 due to evidence linking high doses to cancer in lab rats. While Red 40 has different health concerns, including links to hyperactivity, the FDA has not found sufficient evidence of a causal link to warrant a full ban under its previous standards.

The European Union requires a warning label on products containing Red 40 (E129) stating it "may have an adverse effect on activity and attention in children." This is based on studies suggesting a link between food dyes and hyperactivity, reflecting Europe's precautionary approach.

Potential side effects of Red 40 include increased hyperactivity and ADHD symptoms in sensitive children, allergic reactions like hives and itching, and migraines in some individuals.

Natural alternatives include beet juice or powder, paprika oleoresin for a reddish-orange color, and anthocyanins extracted from sources like black carrots and purple sweet potatoes.

To check for Red 40, you should read the ingredient list on product labels. The dye may be listed as 'Red 40', 'FD&C Red No. 40', or 'Allura Red AC'.