Is Red 40 banned? Current US, California, UK and EU rules
Red 40 remains federally authorized in US food. California school restrictions start in 2027; UK and EU uses have conditions and warning-label rules.
Red 40 is not subject to a blanket US federal food ban: FDA rules still authorize its use under conditions. EU rules permit specified uses of E129, generally with an extra warning, while state restrictions depend on the sales channel.
FDA's current industry tracker describes a voluntary removal target of the end of 2027. That target does not itself revoke Red 40's authorization. Food suppliers need to separate those commitments from binding rules before setting reformulation deadlines.
Is Red 40 banned in the US?
The federal food rule, 21 CFR 74.340, permits FD&C Red No. 40 in foods, including dietary supplements. Amounts must follow good manufacturing practice. For standardized foods, the standard of identity must permit added color. Every batch requires certification, including lakes.
The removal target has changed. FDA and HHS announced an initiative in April 2025 to eliminate six synthetic food dyes by the end of 2026. Red 40 was among them. FDA's newer tracker, updated in October 2026, instead describes end-2027 removal and voluntary industry commitments. Neither announcement is a final Red 40 ban.
Red 3 is different. FDA revoked its authorization for food and ingested drugs in January 2025. Food manufacturers have until 15 January 2027 to reformulate. That action does not apply to Red 40.
California's Red 40 restriction covers specified school foods
California's AB2316 restricts Red 40 and five other dyes from 31 December 2027. It covers specified public-school meals and school food sales, with specified fundraising exceptions. It is not a general grocery-store ban.
For school-food suppliers, the sales channel therefore matters as much as the ingredient. Do not treat a future school restriction as a present ban on all California food sales.
A separate California law, AB418, restricts foods containing Red 3 and three other listed additives in commerce from 1 January 2027. Red 40 is not the red dye listed in that law. Check the dye's full name before applying a "California red dye ban" headline to a product.
West Virginia's enacted dates need a court-order check
West Virginia's enacted HB2354 specifies 1 August 2025 for excluding Red 40 and six other dyes from meals served in school nutrition programs. It includes specified fundraising exceptions. Wider food-adulteration provisions list those dyes and two other additives, with a statutory date of 1 January 2028.
Suppliers should check the operative court orders before relying on these statutory dates. The enacted calendar alone does not settle the current enforcement position.
Is Red 40 banned in the UK or EU?
Red 40 is also called Allura Red AC or E129. The EU additives regulation lists E129, but permission depends on the food category and its conditions. Listing does not mean unlimited use in every food.
EU rules generally require the color name or E number followed by "may have an adverse effect on activity and attention in children." Annex V provides exceptions, including specified meat markings, eggshell decoration and drinks exceeding 1.2% alcohol by volume. The warning requirement is not a blanket ban.
For Red 40 in the UK, FSA's approved-additives guidance lists E129 Allura Red AC. Uses remain subject to food-specific conditions. The guidance distinguishes the assimilated rules for England and Wales from EU rules for Northern Ireland. Do not assume one identical legal regime throughout the UK.
UK guidance also requires a packaging warning for foods and drinks containing E129, subject to the legislative exceptions.
Before reformulating, check the destination market, food category, certification, warning label and sales channel. RegAffairs AI's answer on Red 40 links the cited regulatory sources.