State Senator Eric Buckson (R-South Dover) and Representative Mike Smith (R-Pike Creek) have introduced Senate Bill 41 (SB 41), a new piece of legislation aimed at banning the manufacture, sale, and distribution of food products containing Red Dye 3 in Delaware. The proposed legislation, if enacted, would take effect on October 1, 2027.
Red Dye 3, a synthetic additive used to give foods a bright cherry-red color, has been linked to various health concerns, including thyroid tumors in animal studies said Buckson. Despite being banned in cosmetics and topical drugs by the U.S. Food and Drug Administration (FDA) since 1990, it continues to be widely used in food products.
“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.”
The introduction of SB 41 follows the FDA’s recent nationwide ban on Red Dye 3, which requires food manufacturers to remove the chemical from their products by January 15, 2027. However, Senator Buckson emphasized the importance of Delaware taking independent legislative action.
“While I appreciate the FDA’s decision, I believe it is important that this ban is codified in Delaware law,” said Buckson. “Future FDA leaders could reverse course, so having it on the books here is vital.”
Representative Smith, the primary sponsor of the bill in the House, echoed this sentiment.
“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,” said Smith.
If enacted, SB 41 would impose penalties for non-compliance, with fines of up to $5,000 for a first offense and $10,000 for subsequent offenses. Each day a violation occurs would be considered a separate offense.
To date, 11 states, including Maryland, New Jersey, and Pennsylvania, have banned Red Dye 3. In 2023, California became the first state to prohibit the additive, prompting a wave of legislative action across the country.
Consumer advocacy groups have long urged the FDA to take action on Red Dye 3, citing studies that have linked it to hyperactivity and other neurobehavioral effects in children. The U.S. Department of Agriculture’s Branded Foods Database has identified over 9,000 food products containing Red Dye 3, including items from major food companies.
Companies can replace Red Dye 3 with natural alternatives derived from beets, red cabbage, or black currants, or opt to exclude artificial coloring entirely.
SB 41 has been assigned to the Senate Health and Social Services Committee for further consideration.