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Is Red 40 banned in the United States?

Short answer

No. Red 40 is still an authorized color additive in the U.S. FDA is pursuing a voluntary phase-out with a target of the end of 2027, not a ban.

Is Red 40 banned in the United States? No. FDA is pursuing a voluntary phase-out with a target of the end of 2027, not a ban.

By OTHER Natural Flavors, a service of Xponent21 Inc · Last checked October 31, 2026

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No, FD&C Red No. 40 (Red 40) is not banned in the United States. It remains an authorized certified color additive under federal regulations. While online posts often claim a ban takes effect by the end of 2026, the FDA is working with industry to eliminate six certified color additives (Green No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2) by the end of 2027 through a voluntary phase-out (source: FDA, Tracking Food Industry Pledges to Remove Petroleum Based Food Dyes, content current as of 10/16/2026).

Federal voluntary phase-out vs. Red No. 3 ban

The federal transition for Red 40 is a voluntary phase-out, not a statutory ban. In contrast, the FDA revoked authorization for FD&C Red No. 3 under the Delaney Clause. Food manufacturers must remove FD&C Red No. 3 by January 15, 2027 (source: FDA order (Jan 15, 2025), via National Law Review). Under the voluntary phase-out for petroleum-based dyes, the FDA pledge tracker lists 32 commitments, 12 marked Complete (source: FDA pledge tracker, as of 10/16/2026).

State laws and school-meal restrictions

Restrictions are appearing at the state level rather than through a national ban. State legislation and various public school-meal policies restrict synthetic color additives. Because state requirements operate independently of federal rules, food and beverage brands must monitor jurisdiction-specific statutes.

Timeline and deadlines for food and beverage operators

For your product, evaluate natural color options early to test shelf life, heat, and pH stability. OTHER Natural Flavors does not manufacture, sell or own any color or flavor supplier.

Check the latest dates on the Regulation hub.

FDAVoluntary phase-outRed 40
InfoOTHER Natural Flavors is a service of Xponent21 Inc. We share public information and introductions. We do not give legal or regulatory advice and do not guarantee that any color or flavor will perform in your product. Confirm regulatory status with counsel and test every formulation. Sources and the date we last checked them are listed on each page.
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