- Earlier this year the California Department of Public Health (CDPH) rejected a petition filed in 2022 by the Center for Science in the Public Interest (CSPI) which had requested that the agency promulgate regulations requiring warnings labels on food and dietary supplements containing seven of the synthetic food dyes subject to batch certification by FDA: Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, and Yellow 6. These warnings would have indicated that “the State of California has determined [that the synthetic dyes] can result in hyperactivity and other neurobehavioral problems in some children.”
- The petition follows a 2021 report issued by California’s Office of Environmental Health Hazard Assessment (OEHHA) which concluded that these seven synthetic food dyes can result in hyperactivity and other neurobehavioral problems in some children, and that children vary in their sensitivity to synthetic food dyes.
- After noting that Red 3 had since been banned in California, CDPH indicated that there was no scientific consensus regarding the adverse effects of these dyes, which subpopulations might be sensitive, and what the level of concern might be. In light of the uncertainty, it concluded that warnings may not be effective, and might even be counterproductive, and that ingredient declarations already allowed consumers to choose products based on ingredient composition.
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National Law Review, Volume XIV, Number 325