The Center for Science in the Public Interest (CSPI) has issued a report urging the Food and Drug Administration (FDA) to ban several food dyes that allegedly pose “risks of cancer, hyperactivity in children, and allergies.” According to a June 29, 2010, CSPI press release, “Dyed foods should be considered adulterated under the law, because the dyes make a food ‘appear better or of greater value that it is’—typically by masking the absence of fruit, vegetable, or other more costly ingredient.”

CSPI has charged FDA with failing to enforce “a stricter standard of safety for color additives than other food additives,” despite a five-fold increase in per capita consumption of dyes since 1955. It has specifically asked the agency to prohibit (i) Red 3 and Citrus Red 2 “because they caused cancer in rats,” (ii) Red 40, Yellow 5 and Yellow 6, “which are tainted with cancer-causing contaminants,” including benzidine and 4-aminobiphenyl; and (iii) Blue 1, Blue 2, Green 3, Red 40, and Yellow 6 because there is “certainly not ‘convincing evidence’ of their safety.”

The consumer watchdog has also lauded the steps taken by UK regulators to phase out these colorings, as well as a new EU regulation requiring warning labels on most dyed foods. “Dyes add no benefits whatsoever to foods, other than making them more ‘eye-catching’ to increase sales,” one scientist with the National Institute of Environmental Health Sciences was quoted as saying. “Some dyes have caused cancer in animals, contain cancer-causing contaminants, or have been inadequately tested for cancer or other problems. Their continued use presents unnecessary risks to humans, especially young children.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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