The National Confectioners Association (NCA) says that food safety is the number one priority for U.S. confectionery companies, and it will continue to follow and comply with FDA’s guidance and safety standards. 

"Our consumers and everyone in the food industry want and expect a strong FDA, and a consistent, science-based national regulatory framework. We have been saying for years that FDA is the rightful national regulatory decision maker and leader in food safety," says an NCA spokesperson.

"For years, our industry has been calling for more transparency, more funding, and more staff resources for the FDA to continue fulfilling its mission, and it’s time to put politics aside and work together to fund the FDA at levels that will allow it to continue its work," they add.

Rasma Zvaners, VP of government relations at the American Bakers Association, notes: "The American Bakers Association (ABA) reaffirms commercial baking manufacturers’ unwavering commitment to food safety and consumer trust. We respect the U.S. Food and Drug Administration (FDA) and its dedication to ensuring the safety of the food supply. ABA remains steadfast in our collaboration with FDA and other regulatory agencies to lead science-based decision-making at the federal level and uphold the highest standards of food safety and quality."

The Delaney Clause, enacted in 1960 as part of the Color Additives Amendment to the FD&C Act, prohibits FDA authorization of a food additive or color additive if it has been found to induce cancer in humans or animals, says FDA. In 2018, FDA revoked the authorization for certain synthetic flavors based on the clause, in response to a food additive petition.

"The FDA cannot authorize a food additive or color additive if it has been found to cause cancer in human or animals," says Jim Jones, the FDA's deputy director for human foods. "Evidence shows cancer in laboratory male rats exposed to high levels of FD&C Red No. 3."

FDA will be publishing an official statement on January 16 entitled "Petition: Color Additive; Center for Science in the Public Interest, et al.; Request to Revoke Color Additive Listing for Use of FD and C Red No. 3 in Food and Ingested Drugs." The unpublished PDF version of the statement can be found here.

"The Food and Drug Administration is granting a color additive petition submitted by Center for Science in the Public Interest, et al., by repealing the color additive regulations that permit the use of FD&C Red No. 3 in foods (including dietary supplements) and in ingested drugs. The petitioners provided data demonstrating that this additive induces cancer in male rats. Therefore, FDA is revoking the authorized uses in food and ingested drugs of FD&C Red No. 3 in the color additive regulations," the statement says.

The Center for Science in the Public Interest (CSPI), a food safety advocacy group that petitioned the agency in 2022 to end the use of Red Dye No. 3, has an interactive map on its website which tracks tracks which states have introduced or passed legislation to ban the dye. In 2023, California became the first state to ban Red Dye No. 3. Since then, other states have followed suit, CSPI says. 

“At long last, the FDA is ending the regulatory paradox of Red 3 being illegal for use in lipstick, but perfectly legal to feed to children in the form of candy,” says Dr. Peter Lurie, president of the CSPI, in an NBC News article.

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