Blog By: Julia Ray
Synthetic food dyes are additives in food intended to “carry out a technological function, be it may to color, sweeten, preserve, change texture, humidify, dry, among other technological functions.”[i] Oftentimes this artificial coloring is added to meet consumer expectations.[ii] The dye enhances food coloring, hides undesired coloring, balances existing coloring, or preserves coloring.[iii] Synthetic coloring can is found in foods such as “breakfast cereals, candy, snacks, beverages, vitamins, and other products aimed at children.”[iv] Some synthetic dye is even used to enhance the coloring of orange peels.[v] For example, when buying a cherry flavored candy it typically appears bright red in color not because the cherry flavoring results in a bright red color, but rather the synthetic coloring is added because when people think of a cherry flavored food item their brain associates it with the color of the actual fruit.[vi] Therefore, manufacturers will add synthetic color to make the candy meet the expectations of the consumer and aid in identifying flavors.[vii] Additionally, synthetic coloring is also used in drugs, cosmetics, and some medical devices.[viii]
The Food and Drug Administration (FDA) regulates the use of synthetic dyes.[ix] The FDA requires approval for synthetic dyes and their new uses in foods.[x] In order to gain approval, the FDA considers factors such as “short and long-term effects of consumption, composition and properties, manufacturing process, stability, consumption/exposure levels, and the availability of analytical methods for determining its purity.”[xi] Before they can be used, approved dyes are subject to additional evaluation known as batch certification.[xii] During this process the FDA analyzes a representative sample from each batch to determine whether it meets the requirements.[xiii] Approved dyes are regulated in terms of permissible food types, maximum allowable amounts, and labeling requirements.[xiv] Currently the nine approved dyes include Blue 1, Blue 2, Green 3, Orange B, Citrus Red 2, Red 3, Red 40, Yellow 5, and Yellow 6.[xv] While the FDA claims the safety of dyes within their standards, they acknowledge individual sensitivities, but allow the consumer to make informed decisions using the labeling on food packaging.[xvi]
Synthetic coloring appears harmless, but in reality, studies show that many synthetic dyes “likely are carcinogenic, cause hypersensitivity reactions and behavioral problems, or are inadequately tested.”[xvii] Many synthetic food dyes are classified as azo dyes,[xviii] which have been shown to have “allergenic, carcinogenic, mutagenic, and teratogenic properties for humans.”[xix] Of the nine FDA approved dyes, each resulted in a negative impact on rats or mice, including toxicity or causing various types of tumors.[xx] Red 40, the most widely used dye, and Yellow 5 are linked to hyperactivity and other behavioral problems in children.[xxi] Additionally, it is possible for some individuals to have allergic reactions to synthetic dyes. [xxii] The fact that health effects have been noted in children presents a large issue because it is known that children can be influenced by color.[xxiii] Even the FDA referred to synthetically dyed foods as “fun foods.”[xxiv] Therefore, synthetic coloring that tends to entice children has resulted in children being the main consumers of food containing synthetic coloring.[xxv]
In addition to the negative health effects, synthetic dyes also create negative impacts on the environment. As a result of the manufacturing process, azo dyes can be found in wastewater, which leads to negative impacts on ecosystems and biodiversity, even in small concentrations.[xxvi] The presence of these dyes affect the way plants absorb sunlight, leading to inhibited photosynthesis and plant growth. Additionally, the chemical composition results in many synthetic dyes not being biodegradable, meaning they can last in the environment for about fifty years or more. [xxvii]
The FDA places the burden on the consumers to avoid synthetic dyes if they choose to; however, this burden should not be placed on the consumer. Beyond the psychological value of matching consumers color and flavor expectations,[xxviii] these synthetic dyes contribute no nutritional value to the foods they enhance. The fact that synthetic dyes add no nutritional value and have been shown to negatively impact health makes their burdens outweigh their benefits. Additionally, there are many natural alternatives to synthetic dyes. For example, beets, turmeric and chlorophyll are all ingredients that have the ability to naturally color food.[xxix] Therefore, the United States should focus on consumer safety and ban the use of synthetic dyes in food.
[i] Alessandra Durazzo et. al., Food Dyes and Health: Literature quantitative Research Analysis, 7 Measurement Food 2 (Sept. 2022), https://www.sciencedirect.com/science/article/pii/S2772275922000272 [https://perma.cc/28K3-Z5CK].
[ii] Id.
[iii] Id.
[iv] Carol Potera, Diet and Nutrition: The Artificial Food Dye Blues, 118 Env’t Health Persp. A428 (Oct. 1, 2010), https://ehp.niehs.nih.gov/doi/full/10.1289/ehp.118-a428 [https://perma.cc/SB9Z-79A3].
[v] Color Additives Questions and Answers for Consumers, U.S. Food & Drug Admin. (Dec. 14, 2023), https://www.fda.gov/food/color-additives-information-consumers/color-additives-questions-and-answers-consumers.
[vi] Brian Rohrig, Eating with Your Eyes: The Chemistry of Food Colorings 5 (ChemMatters, Oct. 2015), https://www.acs.org/education/resources/highschool/chemmatters/past-issues/2015-2016/october-2015/food-colorings.html [https://perma.cc/8JQE-W8Z5].
[vii] Color Additives Questions and Answers for Consumers, supra note v.
[viii] Summary of Color Additives for use in the United States in Food, Drugs, Cosmetics, and Medical Devices, U.S. Food & Drug Admin. (Mar. 3, 2022), https://www.fda.gov/industry/color-additive-inventories/summary-color-additives-use-united-states-foods-drugs-cosmetics-and-medical-devices.
[ix] Color Additives Questions and Answers for Consumers, supra note v.
[x] Id.
[xi] Id.
[xii] Id.
[xiii] Id.
[xiv] Id.
[xv] Color Additives Questions and Answers for Consumers, supra note v.
[xvi] Id.
[xvii] Potera, supra note iv.
[xviii] P. Barciela et. al., Azo Dyes in the Food Industry: Features, Classification, Toxicity, Alternatives and Regulation, 178 Food & Chem. Toxicology Aug. 2023, at 1, https://www.sciencedirect.com/science/article/pii/S027869152300337X [https://perma.cc/6HX8-NAUC].
[xix]Ivana Gudelj et. al., Azo Dyes, Their Environmental Effects, and Defining a Strategy for Their Biodegradation and Detoxification, 62 Archives Indus. Hygiene & Toxicology 91(Mar. 21, 2011), https://pubmed.ncbi.nlm.nih.gov/21421537/ [https://perma.cc/EXV2-7RQW].
[xx] Sarah Kobylewski et. al., Food Dyes: A Rainbow of Risks, v-vi (Jun. 2010), https://www.cspinet.org/sites/default/files/attachment/food-dyes-rainbow-of-risks.pdf [https://perma.cc/3TG6-V32V].
[xxi] Id.
[xxii]How Safe are Color Additives?, U.S. Food & Drug Admin. (Jul. 13, 2023), https://www.fda.gov/consumers/consumer-updates/how-safe-are-color-additives.
[xxiii] Chinta Sidharthan, Colorful Cravings: The Power of Packaging on Children’s Food Selections, News-Med. (Jun. 15, 2023), https://www.news-medical.net/news/20230615/Colorful-cravings-the-power-of-packaging-on-childrens-food-selections.aspx [https://perma.cc/R2GK-HRJL]/
[xxiv] Color Additives in Foods, U.S. Food & Drug Admin. (Jul. 6, 2023), https://www.fda.gov/food/color-additives-information-consumers/color-additives-foods.
[xxv] Barciela, supra note xviii at 4.
[xxvi]Hassan Alzain et. al., A Review of Environmental Impact of Azo Dyes, 10 Int’l J. Rsch. & Rev. 673, 677 (Jun. 2023), https://www.researchgate.net/profile/Hassan_Alzain/publication/371948350_A_Review_of_Environmental_Impact_of_Azo_Dyes/links/649d871695bbbe0c6e00a830/A-Review-of-Environmental-Impact-of-Azo-Dyes.pdf [https://perma.cc/2NWW-ZPSF].
[xxvii] Id at 679-80.
[xxviii] Rohrig, supra note vi.
[xxix] Id.