Delaware lawmakers propose a bill banning Red No. 40 from use in public, charter schools

Red No. 40 could be banned from Delaware schools if a new bill passes.  

The effort comes on the heels of a similar bill proposing a statewide ban on Red No. 3  

Potential Red No. 40 ban in Delaware schools  

Senate Bill 69 was introduced on March 11 by Sen. Eric Buckson (R-South Dover) and aims to protect students in the First State from the potential health risks associated with Food, Drug and Cosmetic Red No. 40, a synthetic food dye made from petroleum.  

SB 69 would prohibit selling or distributing foods and beverages containing Red No. 40 during the school day in public and charter schools in Delaware.  

Recent concerns over the impact of synthetic food dyes on children’s health, including potential links to behavioral issues and hyperactivity, were cited as reasons for the proposed ban.

What foods and products have Red No. 40 in them? 

Red No. 40 is widely used and found in a variety of foods, cosmetics and pharmaceuticals, according to Healthline, including:  

• Flavored milk  

• Yogurt  

• Pudding  

• Ice cream  

• Popsicles  

• Cakes and other pastries  

• Candy  

• Gum  

• Breakfast cereals and bars  

• Fruit snacks  

• Gelatin  

• Chips  

• Powdered drink mixes, including some protein powders 

• Soda  

• Sports drinks  

• Energy drinks 

How to know if your food, products contain Red No. 40 

If Red No. 40 is in a product, it will be listed on the label as: 

• Red 40 

• Red 40 Lake 

• FD&C Red No. 40 

• FD&C Red No. 40 Aluminum Lake 

• Allura Red AC 

• CI Food Red 17 

• INS No. 129 

• E129 

What’s going on with SB 69 now?  

The ban on Red No. 40 was originally proposed as part of a substitute to Senate Bill 41, which seeks a statewide ban on Red No. 3, another synthetic food dye. The Food and Drug Administration announced a nationwide ban on Red No. 3 earlier this year.  

The substitute was added to SB 41 in February and proposed that along with the statewide ban on Red No. 3, Red No. 40 should also be banned for manufacture, sale, delivery and distribution across the state.

The legislation pointed to several states planning to ban, limit, or require warning labels on food products with Red No. 40. 

That substitute was later amended for a second substitute for SB 41, which removed Red No. 40 from the bill. SB 41 now focuses solely on Red No. 3 while SB 69 pertains to Red No. 40 in schools.

Sen. Buckson addressed the change by saying he recognizes the importance of a practical and focused approach to handling the presence of both food additives. He added that refining and separating the actions proposed for both Red No. 3 and Red No. 40 ensures a responsible transition for businesses and schools. 

SB 69 has been assigned to the Senate Education Committee and is awaiting further consideration.  

If passed, the restrictions on Red No. 40 would be implemented by July 1, 2026, to allow schools and education officials time to prepare for the transition.  

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