Red dye 3 is an artificial color additive that has been linked to cancer in animal studies, and has been associated with hyperactivity and other neurobehavioral effects in children. The colorant is banned in the EU and will be prohibited in foods sold or manufactured in California as of January 2027, per the California Food Safety Act. Red dye 3 is also banned in cosmetics by FDA, but its approval for use in food has not been rescinded.

According to the Environmental Working Group (EWG), at present, nearly 2,900 food products on the U.S. market contain red dye 3, many of which are candies marketed to children. Candies containing red dye 3, which Consumer Reports highlighted in its recent petition due to their popularity on Halloween, include Brach’s Candy Corn, Autumn Mix, and Mellowcreme Pumpkins; Double Bubble gum; Nerds Candy Corn; Pez Candy; Amos Lollipop Rings; Create-A-Treat Halloween House Cookies; and the versions of Hot Tamales and Amos Bubble Gum Eyeballs sold at discount stores.

Previously, Consumer Reports, along with the Center for Science in the Public Interest (CSPI), the Center for Food Safety, EWG, and 20 other high-profile watchdog groups and scientists submitted a letter to FDA asking the agency to ban red dye 3 as a food additive. FDA has not yet acted on this request, although, per the agency’s current list of chemicals that are under review, a petition regarding red dye 3 filed by CSPI in November 2022 is still under consideration.  

FDA has been promising to develop an enhanced, systematic process for the post-market assessment of chemicals in food, prompted by pressures from the public to prohibit certain chemicals like red dye 3, as well as state legislative actions that have banned several additives in recent years. A detailed outline of the agency’s proposed approach to this process was unveiled in September 2024.

In response to the Consumer Reports petition, the National Confectioner's Association said it is "waiting for [FDA] scientific experts to conclude their [review of red dye 3]," and that its member companies—which include AMOS SWEETS INC., Tootsie Roll Industries (the makers of Double Bubble), and Just Born (the makers of Hot Tamales)—are "committed to food safety" and that their products are "made using only FDA-approved ingredients.”