In a move to protect public health, Senator Eric Buckson (R-South Dover) and Representative Mike Smith (R-Pike Creek) have introduced Senate Bill 41 (SB 41), legislation aimed at banning the manufacture, sale, and distribution of food products containing Red Dye 3 in Delaware. The bill, introduced on January 10, 2025, would take effect on October 1, 2027, if passed and signed into law.
Red Dye 3, a synthetic food coloring, has long been under scrutiny due to its potential health risks, particularly in children. Research has linked the additive to thyroid tumors in animal studies, leading the FDA to ban its use in cosmetics and topical drugs in 1990. However, it remains prevalent in many food products, despite growing concerns about its possible link to hyperactivity and other neurobehavioral effects in children.
A Step Toward Safer Food
"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 FDA announced a nationwide ban on Red Dye 3, requiring food manufacturers to phase it out by January 15, 2027. Despite this decision, Senator Buckson believes Delaware should move forward with SB 41 to ensure the ban is permanently codified at the state level.
“While I appreciate the FDA’s decision, I believe it is important that this ban is codified in Delaware law,” Buckson stated. “Future FDA leaders could reverse course, so having it on the books here is vital.”
Bipartisan Support for Consumer Safety
Representative Smith, the bill’s prime sponsor in the House, emphasized the importance of removing harmful additives from the food supply when safer alternatives exist.
"With safer alternatives readily available, it is both practical and responsible to eliminate this harmful additive," said Smith. "Our priority must be to protect the health of Delawareans, particularly our children, from unnecessary risks."
If enacted, violations of SB 41 could result in fines of up to $5,000 for a first offense and $10,000 for subsequent violations.
Momentum for Change
Delaware joins a growing number of states taking action against Red Dye 3. To date, 11 states, including Maryland, New Jersey, and Pennsylvania, have enacted similar bans. SB 41 has been assigned to the Senate Health and Social Services Committee, where it will be reviewed in the coming weeks.
As lawmakers push for safer food regulations, the debate over food additives continues to gain national attention. Delaware’s proactive stance highlights the growing movement to prioritize consumer safety and public health.
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