The bright red maraschino cherry sitting atop your sundae might look delicious, but it’s basically a scientific marvel of synthetic chemistry. Or, at least, it was. If you’ve been scrolling through news feeds lately, you’ve probably seen the headlines about the Red No 3 ban. California governor Gavin Newsom signed the California Food Safety Act into law, and it sent shockwaves through the food industry. Honestly, it’s about time. While the FDA banned this specific dye in cosmetics back in 1990—because it was linked to cancer in laboratory animals—it somehow stayed legal in our food for another three decades. It’s a weird regulatory loophole that’s finally closing.
This isn't just about California.
Because the California market is so massive, companies aren't going to make two different versions of a Skittle or a Peeps marshmallow. They’ll just change the recipe for everyone. That’s how a state law becomes a national standard. It’s the "California Effect" in full swing.
The Science Behind Why Red No 3 is Getting the Boot
So, what is this stuff? Erythrosine, which is the technical name for Red No 3, is a synthetic dye derived from petroleum. Yeah, oil. It gives food that incredibly vibrant, almost neon pinkish-red hue that you just can't get from a crushed beet. Back in the 80s, the FDA conducted studies that showed high doses of the dye caused thyroid tumors in rats.
The FDA's response was... interesting. They banned it for use in "externally applied" products like lipsticks and blushes. Their logic was that if it causes cancer when applied to the skin, we shouldn't have it there. But for some reason, the "provisional" listing for food usage just sat there, untouched, for years. Organizations like the Center for Science in the Public Interest (CSPI) have been screaming about this for decades.
It's not just about the big C, though. Many parents and pediatricians have pointed toward synthetic dyes as a major factor in behavioral issues and ADHD in children. While the link is still debated in some scientific circles, the Office of Environmental Health Hazard Assessment (OEHHA) in California released a pretty damning report in 2021. They found that consuming synthetic food dyes can lead to hyperactivity and other neurobehavioral problems in some kids.
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Basically, the evidence just kept piling up until it was impossible to ignore.
Which Foods are Actually Affected?
You might think you’re safe if you don't eat bright red candy, but Red No 3 is sneaky. It’s in way more than just jelly beans.
- Seasonal Treats: This is the big one. Those iconic pink Peeps you see at Easter? Red No 3. Some candy canes? Same thing.
- Fruit Cocktails: Check the labels on those little plastic cups of diced pears and cherries. That vibrant pink cherry is almost always dyed with erythrosine.
- Decorating Gels: That tube of red icing you use for birthday cakes is a prime suspect.
- Breakfast Cereals: Even some of the "fruity" cereals use it to punch up the color of the red bits.
- Pills and Meds: This is the part people forget. Many cough syrups and chewable vitamins use Red No 3 to look "cherry flavored."
The ban doesn't just target the red dye, either. The California law also nixes potassium bromate, brominated vegetable oil (BVO), and propylparaben. It's a full-on sweep of additives that the European Union mostly banned years ago. We’re finally catching up to overseas standards.
The "But It's Only in California" Myth
People keep asking if they’ll have to smuggle Ding Dongs across the border from Nevada. The answer is no. Manufacturers have until 2027 to get their acts together. That’s a long runway.
If you’re a massive corporation like Mars or Hershey’s, you operate on economies of scale. Creating a separate supply chain, separate labeling, and separate manufacturing runs for a "California-legal" version of a product is a logistical nightmare. It’s expensive. It’s inefficient. It’s much cheaper to just find a replacement for Red No 3 and roll it out globally. We’ve seen this before with trans fats and other additives. Once the big domino falls, the rest of the industry follows.
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What Are the Alternatives?
If we can't use petroleum-based dye, what are we going to use? Nature actually has some pretty decent options, though they aren't always as stable.
Beet juice is the most common substitute. It’s cheap and effective, but it can sometimes have an earthy aftertaste if you use too much. Then there’s carmine, which comes from crushed cochineal insects. It works great, but it’s not vegan or kosher, which creates a whole different set of problems for food scientists.
Lycopene from tomatoes and anthocyanins from purple carrots or elderberries are also in the mix. The challenge for food scientists isn't just the color; it’s the "bleed." Synthetic dyes stay put. Natural dyes tend to migrate. If you have a red stripe next to a white stripe on a candy, a natural dye might turn the whole thing a muddy pink after a month on the shelf.
Companies are currently pouring millions into R&D to solve these stability issues. You might notice your favorite snacks looking slightly more "muted" or "natural" in the coming years. Honestly, that’s probably a good thing. We’ve been conditioned to think food should look like neon signs.
The Pushback and the Politics
Of course, not everyone is happy. The National Confectioners Association (NCA) has been pretty vocal, arguing that California is overstepping its bounds and undermining the FDA's authority. They claim that food safety should be handled at the federal level to avoid a "patchwork" of different state laws.
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They have a point about the patchwork, but the counter-argument is that the FDA has been stagnant. If the federal government won't act on 30-year-old evidence, states feel they have to. Since California passed its law, several other states including New York, Pennsylvania, and Illinois have introduced similar legislation. The momentum is real.
How to Protect Your Family Right Now
You don't have to wait until 2027 to get this stuff out of your pantry. Being a savvy consumer just takes a bit of label-reading.
First, look for the specific words "Red 3" or "Erythrosine" in the ingredients list. It’s usually tucked away at the very bottom. If you see "Red 40," that’s a different synthetic dye. While Red 40 is also controversial, it isn't part of this specific ban.
Second, look for brands that have already made the switch. Many organic or "natural" brands use fruit and vegetable juices for coloring. These are often labeled as "no artificial dyes" or "colored with fruit juice."
Third, reconsider the "need" for bright colors. Do your sprinkles really need to be neon? Do the maraschino cherries in your pantry need to look like they’re glowing in the dark? Probably not. Switching to undyed versions of these products is an easy win for your health.
Actionable Steps for the Transition
Change is coming, and you can stay ahead of it without stressing out.
- Purge the Pantry: Go through your baking supplies and snacks today. If you find Red 3, toss it. There’s no reason to finish the bottle of red decorating gel just to save three dollars.
- Contact Your Favorite Brands: If you have a snack you love that still uses these dyes, send them an email. Consumer pressure is often more effective than legislation. Tell them you want them to switch to natural alternatives sooner rather than later.
- Support State Legislation: If you live in a state where a similar bill is being debated, call your local representative. The more states that sign on, the faster the FDA will be forced to make a nationwide ruling.
- Teach the Kids: Explain to your children why some candies look different now. It’s a great lesson in food science and how what we eat affects our bodies.
The era of petroleum-dyed food is slowly ending. It might be a minor inconvenience for food scientists, but for the long-term health of consumers—especially kids—it’s a massive victory. We’re moving toward a food system that prioritizes safety over "pop," and that’s a trade-off worth making every single time.