Dover, DE – On Friday, January 10, 2025, Senator Eric Buckson (R-South Dover) and Representative Mike Smith (R-Pike Creek) introduced Senate Bill 41 (SB 41), which would ban the manufacture, sale, and distribution of food products containing Red Dye 3, a synthetic additive linked to health concerns, here in Delaware. The legislation, if passed and signed into law, would take effect on October 1, 2027.
To date, 11 states have banned Red Dye 3, including Maryland, New Jersey, and Pennsylvania.
“Red Dye 3 poses unnecessary risks to the health of our residents, especially children,” said Senator Buckson. “This bill prioritizes public health by removing harmful additives from our food supply.”
On Wednesday, the U.S. Food and Drug Administration (FDA) announced a nationwide ban on Red Dye 3. Food manufacturers have until January 15, 2027, to remove the chemical from their products. Despite the decision, Senator Buckson says the General Assembly should move forward with SB 41.
“While I appreciate the FDA’s decision, I believe it is important that this ban is codified in Delaware law,” Senator Buckson stated. “Future FDA leaders could reverse course, so having it on the books here is vital.”
Research has linked Red Dye 3 to thyroid tumors in animal studies, prompting its ban in cosmetics and topical drugs by the FDA in 1990. Consumer advocacy groups have urged the FDA to ban its use in food due to its potential role in hyperactivity and other neurobehavioral effects in children.
Representative Smith, the prime sponsor in the House, added, “With safer alternatives readily available, it is both practical and responsible to eliminate this harmful additive. Our priority must be to protect the health of Delawareans, particularly our children, from unnecessary risks.”
Violations of SB 41 could result in fines of up to $5,000 for a first offense and $10,000 for subsequent offenses.
SB 41 has been assigned to the Senate Health and Social Services Committee.
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