States move to ban or restrict use of synthetic dyes used in candies and cereal

WORK THAT’S COMING UP. AND EARLIER THIS WEEK, THE FDA ANNOUNCED THE BAN OF RED DYE NUMBER THREE. THE CONTROVERSIAL INGREDIENT OFTEN FOUND IN DRINKS, CANDY AND CEREAL. I’M JOINED NOW BY DOCTOR TARA KESTER, AND INTEGRATED PEDIATRICIAN AT PENN STATE HEALTH CHILDREN’S HOSPITAL. THANK YOU SO MUCH FOR JOINING US, DOCTOR. WE APPRECIATE IT. THANK YOU FOR HAVING ME. YES. SO, YOU KNOW, WE ALL KNOW RED DYE. THIS IS SOMETHING THAT’S BEEN AROUND FOR A LONG TIME. YOU SEE IT IN A LOT OF FOODS. AS WE MENTIONED CANDY CEREAL. SO TALK A LITTLE BIT ABOUT WHAT IS THE GENERAL HEALTH CONCERN FOR THE BAN OF RED DYE. NUMBER THREE. YEAH. SO SO RED DYE NUMBER THREE HAS BEEN AROUND FOR A REALLY LONG TIME. BACK IN THE 80S. THERE WERE SOME STUDIES IN RODENTS THAT LOOKED AT THYROID INCREASED RISK OF THYROID CANCER IN RATS THAT CONSUMED A LARGE AMOUNT OF THIS RED DYE. AND SO THE CONCERN AT THAT TIME WAS, IS THIS TRANSLATABLE TO HUMANS? AND THERE’S ALSO SOME PROVISIONS FROM THE FDA THAT IF THEY FIND THIS IN RATS OR ANIMALS, THAT WE SHOULD NOT INCLUDE IT IN PRODUCTS THAT ARE APPROVED BY THE FDA. AND SO THAT’S THE MAIN CONCERN WITH RED DYE. THREE, THERE ARE OTHER CONCERNS WITH OTHER FOOD DYES THAT WE THINK OF MORE COMMONLY IN PEDIATRIC PATIENTS, BUT SPECIFICALLY FOR RED DYE. THREE, THE CONCERN HAS BEEN THIS, THESE STUDIES LOOKING AT THYROID CANCER ASSOCIATED WITH RATS THAT WERE DONE IN THE 80S. SO WE’RE SEEING SOME OF THOSE FOODS THERE. CAN YOU TALK ABOUT WHAT KIND OF FOODS WE OFTEN SEE THIS IN? YEAH. SO SO OFTENTIMES THE FOODS THAT YOU’RE GOING TO SEE RED DYE NUMBER THREE AND ARE GOING TO BE YOUR CANDIES. SO THINGS LIKE PEEPS ARE STILL MADE WITH RED DYE THREE. YOU’RE GOING TO BE SEEING IT IN SOME JELLY BEANS. OFTENTIMES SOME THE COOKIES THAT LOOK VERY BRIGHT RED OR THE ICINGS, EVEN IN THINGS LIKE SAUSAGES AND VEGAN TYPES OF BACON, SOMETIMES CAN HAVE SOME OF THIS RED DYE IN IT. DIFFERENT TYPES OF RICE. SO THERE’S A LOT OF DIFFERENT FOODS THAT ACTUALLY CAN CONTAIN RED DYE. THREE NOW THEY’VE SWITCHED A LOT OF THE COMPANIES ALREADY OVER TO RED DYE 40. AND SO A LOT OF TIMES YOU’RE NOTICING THAT YOU’RE NOT REALLY FINDING THE RED DYE. THREE NOW YOU’RE FINDING THE RED DYE 40. AND SO TALK A LITTLE BIT ABOUT THIS BECAUSE YOU MENTIONED THIS AT THE TOP. YOU OFTEN HEAR THAT PARENTS AVOID GIVING THEIR KIDS ANYTHING WITH DYE IN GENERAL, REGARDLESS OF THE NUMBER. WHY IS THAT? WHY IS DYE SO BAD IF SOMEONE IS LISTENING TODAY AND THEY WANT TO KNOW WHY THAT’S THE CASE, I THINK WE’RE REALLY COMING TO THIS RENAISSANCE IN KIND OF HEALTHY EATING, AND PARENTS UNDERSTANDING THAT THERE ARE THINGS IN OUR FOOD THAT COULD NOT BE BENEFICIAL FOR OUR CHILDREN, COULD BE DANGEROUS TO BOTH OUR CHILDREN AND TO THE ADULTS THAT EAT THEM. AND SO PARENTS ARE BECOMING MORE AND MORE AWARE OF THAT AND HESITANT ABOUT GIVING THEIR CHILDREN ANYTHING THAT HAS ANY TYPE OF ARTIFICIAL COLORS OR DYES OR PRESERVATIVES IN THEM, JUST BECAUSE OF THE CONCERNS REGARDING WHETHER IT’S BEHAVIORAL CHANGES OR HYPERSENSITIVITY REACTIONS, OR JUST THAT THOSE FOODS IN GENERAL ARE NOT AS HEALTHY FOR THE CHILDREN. YEAH, I MEAN, I TALKED ABOUT THIS EARLIER. RED DYE HAS BEEN AROUND MY WHOLE LIFE. IT’S ACTUALLY BEEN AROUND SINCE 1907. I DON’T GO ALL THE WAY BACK TO 1907, BUT IT’S BEEN AROUND FOR MANY OF OUR LIVES. I MEAN, WHY DO YOU THINK IT’S TAKEN SO LONG FOR THIS TO BE BANNED? YEAH, IT’S HARD RIGHT? IT’S HARDER TO REMOVE SOMETHING ONCE IT’S APPROVED THAN IT IS TO APPROVE IT. THERE’S A LOT OF REGULATIONS OUT THERE AS TO HOW WE CAN DO THIS. AND SO I’M NOT QUITE SURE EXACTLY WHY WHEN THEY REMOVED IT FROM COSMETICS AND FROM OTHER TOPICAL MEDICATIONS, THEY DIDN’T ALSO REMOVE IT FROM FOODS. I’M JUST HAPPY THAT THAT THEY’VE MADE THAT DECISION. AND WE’RE KIND OF WORKING TOWARDS MAKING SURE THAT OUR CHILDREN ARE AS HEALTHY AS POSSIBLE AND THEY’RE GETTING THE HEALTHIEST FOODS POSSIBLE. DOCTOR TARA KESTER, THANK YOU SO MUCH FOR JOINING US AND GIVING US SOME INSIGHT ON ON WHAT’S GOIN

Synthetic dyes used to make brightly colored cereals, drinks and candies are coming under scrutiny in states across the country, where lawmakers say the federal government has stalled in taking action despite evidence of harmful effects.Video above: Doctor discusses why FDA banned Red Dye No. 3West Virginia, which ranks at the bottom in the U.S. for many health metrics, became the first to sign a sweeping statewide ban on seven such dyes this week. Lawmakers in more than 20 states — from deep red West Virginia to heavily Democratic California — are making a bipartisan push to restrict access to the dyes, which have been tied to neurobehavioral problems in some children and of which U.S. Health and Human Services Secretary Robert F. Kennedy Jr. has been an outspoken critic."We should not be forced to police our own foods," said Republican Sen. Laura Wakim Chapman, who heads the Senate's health committee and told lawmakers the vote might be the most important of their political careers. "No more toxic colors, no more poisoning ourselves and our children. No more unnecessary risks. Our health is not for sale."In signing the bill, Republican Gov. Patrick Morrisey referenced Kennedy's slogan in saying, "There's no better place to lead the Make America Healthy Again mission."The prohibition on certain preservatives and red, blue, green and yellow dyes takes effect for school food in August, and across the state in 2028. It follows narrower bills approved in California last year and Virginia last week that would ban six artificial dyes from being served in public schools beginning in 2027.Why do lawmakers want to see the dyes die?Thirty-six color additives are approved by the Federal Drug Administration for use in food and drinks in the U.S. Nine petroleum-based chemical dyes, including Red 3, have been allowed in U.S. food.Public health advocates have been lobbying for state and federal action for years, pointing to research that links food dyes and other chemical additives to health risks, including exacerbating symptoms of attention-deficit/hyperactivity disorder in some children and animal research linking certain additives to cancers.The European Union and some countries, including Australia and Japan, have banned or restricted the use of certain food dyes because of potential health risks.In October, dozens of protesters outside the Michigan headquarters of WK Kellogg Co. demanded that the company remove artificial dyes from cereals such as Apple Jacks and Froot Loops. Kellogg announced that it would remove artificial colors and ingredients from its U.S. products by 2018, but never did so, despite making the change in other countries, such as Canada, where Froot Loops are colored with concentrated carrot juice, watermelon juice and blueberry juice.The U.S. Food and Drug Administration banned Red 3 from the nation's food supply in January, setting a 2027 deadline for manufacturers to eliminate it from their products. Makers of ingested drugs like cough syrups have until January 2028.Food industry warns of cost increasesThe National Confectioners Association, a trade group for chocolate, candy, gum and mints sellers, said the new regulations will make food more expensive, less accessible and lead to less variety on grocery store shelves. It said states such as West Virginia, where 1 in 4 children live in poverty and many neighborhoods are "food deserts" with limited access to affordable, nutritious food, will be disproportionately impacted.Charles Leftwich, vice president of food safety and quality assurance for Sysco Corp., the world's largest food service distributor, said food safety policies should be supported by science and "be consistently applied across all geographies.""We shouldn't have a fragmented approach when it comes to food safety, because it breeds a lack of trust and confidence with within consumers," Leftwich said in an interview with The Associated Press.Changes underwaySchool districts in West Virginia have begun phasing out breakfast cereals, strawberry milk or other products in anticipation of the new law's August deadline.Chris Derico, who runs Harrison County's school nutrition program, expects the new regulation to increase costs but said he's not "in panic mode about it" because none of the products containing the artificial dyes are used in main dishes served to students.Travis Austin, who leads food service in the Cabell County Schools system, called the policy "a step in the right direction" and said it will be up to manufacturers to rework their formulas to remain competitive."It's all about money," he said. "If Froot Loops and Lucky Charms aren't going to change their formulations, then we're not going to buy them. We'll buy ones that do."Lawmakers in West Virginia, which leads the nation in chronic diseases such as obesity, noted that the dyes are often found in sugary foods.When the bill passed the state Senate, sponsor Jason Barrett said West Virginia was the first state to approve such a sweeping law but won't be the last. He cited a bill advancing in Oklahoma that would ban 21 synthetic food dyes and additives.He said companies prey on low-income consumers and children."With passage of this bill, we are saying to big food corporations that the health of our people comes first," he said.

Video above: Doctor discusses why FDA banned Red Dye No. 3

West Virginia, which ranks at the bottom in the U.S. for many health metrics, became the first to sign a sweeping statewide ban on seven such dyes this week. Lawmakers in more than 20 states — from deep red West Virginia to heavily Democratic California — are making a bipartisan push to restrict access to the dyes, which have been tied to neurobehavioral problems in some children and of which U.S. Health and Human Services Secretary Robert F. Kennedy Jr. has been an outspoken critic.

"We should not be forced to police our own foods," said Republican Sen. Laura Wakim Chapman, who heads the Senate's health committee and told lawmakers the vote might be the most important of their political careers. "No more toxic colors, no more poisoning ourselves and our children. No more unnecessary risks. Our health is not for sale."

In signing the bill, Republican Gov. Patrick Morrisey referenced Kennedy's slogan in saying, "There's no better place to lead the Make America Healthy Again mission."

The prohibition on certain preservatives and red, blue, green and yellow dyes takes effect for school food in August, and across the state in 2028. It follows narrower bills approved in California last year and Virginia last week that would ban six artificial dyes from being served in public schools beginning in 2027.

Why do lawmakers want to see the dyes die?

Thirty-six color additives are approved by the Federal Drug Administration for use in food and drinks in the U.S. Nine petroleum-based chemical dyes, including Red 3, have been allowed in U.S. food.

Public health advocates have been lobbying for state and federal action for years, pointing to research that links food dyes and other chemical additives to health risks, including exacerbating symptoms of attention-deficit/hyperactivity disorder in some children and animal research linking certain additives to cancers.

The European Union and some countries, including Australia and Japan, have banned or restricted the use of certain food dyes because of potential health risks.

In October, dozens of protesters outside the Michigan headquarters of WK Kellogg Co. demanded that the company remove artificial dyes from cereals such as Apple Jacks and Froot Loops. Kellogg announced that it would remove artificial colors and ingredients from its U.S. products by 2018, but never did so, despite making the change in other countries, such as Canada, where Froot Loops are colored with concentrated carrot juice, watermelon juice and blueberry juice.

The U.S. Food and Drug Administration banned Red 3 from the nation's food supply in January, setting a 2027 deadline for manufacturers to eliminate it from their products. Makers of ingested drugs like cough syrups have until January 2028.

Food industry warns of cost increases

The National Confectioners Association, a trade group for chocolate, candy, gum and mints sellers, said the new regulations will make food more expensive, less accessible and lead to less variety on grocery store shelves. It said states such as West Virginia, where 1 in 4 children live in poverty and many neighborhoods are "food deserts" with limited access to affordable, nutritious food, will be disproportionately impacted.

Charles Leftwich, vice president of food safety and quality assurance for Sysco Corp., the world's largest food service distributor, said food safety policies should be supported by science and "be consistently applied across all geographies."

"We shouldn't have a fragmented approach when it comes to food safety, because it breeds a lack of trust and confidence with within consumers," Leftwich said in an interview with The Associated Press.

Changes underway

School districts in West Virginia have begun phasing out breakfast cereals, strawberry milk or other products in anticipation of the new law's August deadline.

Chris Derico, who runs Harrison County's school nutrition program, expects the new regulation to increase costs but said he's not "in panic mode about it" because none of the products containing the artificial dyes are used in main dishes served to students.

Travis Austin, who leads food service in the Cabell County Schools system, called the policy "a step in the right direction" and said it will be up to manufacturers to rework their formulas to remain competitive.

"It's all about money," he said. "If Froot Loops and Lucky Charms aren't going to change their formulations, then we're not going to buy them. We'll buy ones that do."

Lawmakers in West Virginia, which leads the nation in chronic diseases such as obesity, noted that the dyes are often found in sugary foods.

When the bill passed the state Senate, sponsor Jason Barrett said West Virginia was the first state to approve such a sweeping law but won't be the last. He cited a bill advancing in Oklahoma that would ban 21 synthetic food dyes and additives.

He said companies prey on low-income consumers and children.

"With passage of this bill, we are saying to big food corporations that the health of our people comes first," he said.

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