Food Safety Lawyer: Check Halloween candy labels for Red No. 3, recently banned in California


As Halloween draws near, food safety experts are warning parents that there may be something creeping in the candy stash that they may want to prohibit their kids from eating. 

When the little ones start bringing home the bags of candy, those experts say you might want to look at the labels to make sure the ingredients are something that you don’t mind them munching on.

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With California recently banning Red Dye No. 3 due to health safety concerns, it’s put a spotlight on the food coloring. Though the food additive is not as popular as it once was, it is still being used in some candies and other food products that could be making the rounds this Halloween.

Bill Marler, Seattle Food Safety Attorney, says most of the name-brand candy manufacturers have already replaced it with a different dye. But because there isn’t a nationwide ban, Red No. 3 could haunt your candy dish for the time being.

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Because of California’s Food Safety Act, Red No. 3 is now on a list of banned additives in California, along with brominated vegetable oil, potassium bromate and propylparaben.

Though many candy manufacturers have already stopped using Red No. 3, Consumer Reports stated in April it was still being used in some Peeps products and Hot Tamales Candy.

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The Environmental Working Group’s food database also shows the use of red dye in everything from fruit cocktails to strawberry protein nutrition shakes.

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“There are a lot of food dye additives that have been of concern to a variety of consumer groups over the years,” said Marler. “I think that the science is pretty clear that these dyes don’t really have any other value other than making the food a little bit brighter for us and getting us more excited to eat it.”

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The Center for Science in the Public Interest petitioned the Food & Drug Administration to formally remove Red No. 3 from the list of approved color additives in foods, dietary supplements and oral medicines, “because the FDA has found that the additive induces cancer and is unsafe.”

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Marler says the dye was even banned in many U.S. cosmetics around 30 years ago because studies showed a cancer risk in mice.

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Candy Corn photographed in Washington, DC on October 9, 2018. (Photo by Deb Lindsey for The Washington Post via Getty Images) –> <!–>

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Other countries have already banned it, as well.

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“Red Dye Number 3 has been severely limited if not almost completely banned in Europe in food for quite some time,” said Marler.

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Consumer groups feel the FDA will eventually ban the dye nationally. Until then, the best advice is to check the label.

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“I would urge consumers that are concerned about it to read the label on the product, to see if Red Dye No 3 Is in it. If it is, you might consider making another choice or at least limiting the amount you are consuming,” said Marler.

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California has set a date of 2027 for manufacturers to eliminate the use of the additives.

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“I guess I’m not surprised California took a step,” said Marler. “This one is pretty solid. It’s got backing from the FDA from 30 years ago, it’s got backing from the EU, and the benefit of Red No. 3 versus the potential adverse impacts, I think it weighs in favor of banning the product.” 

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