Red dye No. 3 is now banned in the U.S. Is it legal in Canada?

The U.S. Food and Drug Administration has announced a ban on red dye No. 3 in food. Paul Hollingsworth looks at whether Canada will do the same.

The U.S. Food and Drug Administration (FDA) announced Wednesday that it’s banning the use of red dye No. 3 in food and oral medicine due to the potential risk of causing cancer.

The synthetic additive -- used to emit a bright red colour -- was banned in cosmetics and topical drugs in 1990 in the U.S. after research found the dye to be carcinogenic for rats at high doses.

The studies initially did not raise safety concerns as the rat-specific hormonal mechanism is not found in humans, therefore cannot be conclusive to be carcinogenic to humans. According to the U.S. agency, the FDA therefore opted not to revoke the authorization of the dye in foods.

Is it legal in Canada?

The chemical compound erythrosine, known as red dye No. 3, is permitted to be used as food colouring in Canada and has been for “many years”, according to the country’s health agency.

The dye must meet food-grade specifications in accordance with Health Canada’s Food and Drug Regulations, a spokesperson for the agency told CTV News in an emailed statement.

The FDA “is required to ban food additives found to cause cancer in humans or animals” due to a legal provision, the spokesperson added.

“Studies in other animals and in humans did not show these effects and claims that the use of this colour in food puts people’s health at risk are not supported by the available scientific evidence.”

In 2018, Health Canada reviewed a UN committee’s evaluation of the dye as a food additive and concluded that dietary exposure to FD&C Red No. 3 “does not pose a health risk to the general Canadian population at the levels set out in the List of Permitted Food Colours,” the agency said.

Despite its legality in Canada, should new scientific data prove that the dye poses a human health risk, “Health Canada will take action to mitigate that risk, including, if necessary, no longer permitting it to be used as a colouring agent in food and drugs.”

Why did the FDA ban it now?

The Center for Science in the Public Interest in Washington, D.C., a non-profit watchdog and consumer advocacy group, was on board with the banning of the additive.

Dr. Peter Lurie, the centre’s director, says he’s “thrilled” that the FDA is banning the “purely cosmetic colour additive that never made a nutritional contribution to the food supply.”

“Our organization has always paid attention to the science,” Lurie told CTV News in an interview, referring to the study indicating cancer was found in male rats.

The law in the U.S. is clear, he said.

“If something causes cancer in humans or animals, it is not supposed to be an additive in the food supply.”

Lurie says the reason this decision from the FDA took so long is in part because the agency is underfunded, in part because “the industry got in the way, repeatedly, and partly because the FDA didn’t have the guts to take the strong action that the law always required.”

Removing red dye no. 3 from consumers’ dietary supplements, foods and ingested drugs is “long overdue,” Lurie said.

What is Red No. 3 found in?

Candies: Brach’s Conversation Hearts and Brach’s Candy Corn both contain Red 3. But some other red candies, like Swedish Fish and Wild Cherry Lifesavers, use Red 40.

Baked goods and snacks: Some baked goods and snacks -- mostly with red icing -- contain Red 3. Betty Crocker Red Decorating Icing contains Red 3. But Pillsbury’s Funfetti Valentine’s Day Vanilla Frosting -- which is swirled with tiny red hearts -- uses Red 40.

Dairy and frozen goods: Check for Red 3 in strawberry-flavored milk, ice cream, frozen yogurt and popsicles. TruMoo Strawberry Whole Milk contains Red 3. But Edy’s Strawberry Ice Cream and Popsicle-brand fruit pops both use use beet juice for coloring.

Fruit products: Many maraschino cherry brands -- including store brands from Walmart and Kroger -- have switched to Red 40. But Kroger Extra Cherry canned fruit cocktail contains Red 3.

Beverages: Ensure Original Strawberry Nutrition Shake contains Red 3. But many beverage brands use Red 40, including Hawaiian Punch and Kool-Aid, Fanta and Jarritos strawberry sodas and Faygo black cherry soda.

Medications: Consumer advocates say some gummy vitamins and medications contain Red 3. But others use natural coloring or alternate dyes. Vicks Formula 44, Luden’s and Halls cough drops all use Red 40. Mucinex Children’s Cough Syrup, Robitussen Adult Cough and Chest Congestion and Vick’s NyQuil Cold and Flu also use Red 40.