Red dye No. 3 has been permissible for use in food despite the Delaney Clause of the FDA’s Federal Food, Drug, and Cosmetic Act. The clause, in part, “prohibits the FDA from approving a color additive that is ingested if it causes cancer in animals or humans when ingested,” according to the agency .

T he U.S. Food and Drug Administration has banned the use of red dye No. 3 in foods, more than three decades after researchers discovered its link to cancer in rodents and to worsened attention deficit and hyperactivity disorder and other behavioral symptoms. The dye is already banned from foods in the European Union, New Zealand and Australia.

Following the U.S. Food and Drug Administration's (FDA) order banning the use of Red Dye No. 3 in food products, Illinois Secretary of State Alexi Giannoulias renewed his call for an overhaul of the rules governing food additives to eliminate toxic chemicals from the food supply,