Q.01

Is Red 40 banned in food?

No. Red 40 (Allura Red AC, FD&C Red No. 40, E 129 / INS 129) is not banned in food at the national level in the US, EU, GB, Canada or Japan. The bans that do exist are US state laws, mainly covering school meals, plus West Virginia's statewide ban from 2028. In the EU it is legal, but foods containing it need a warning label.

United States (federal)

  • FDA lists FD&C Red No. 40 as "Permanently listed, certification required" for foods, drugs and cosmetics [1].
  • Under 21 CFR 74.340(c) it "may be safely used for coloring foods (including dietary supplements) generally in amounts consistent with good manufacturing practice." The exception is standardized foods, unless their standard of identity allows added colour [2].
  • Every batch "shall be certified" by FDA under Part 80 [3].
  • On 22 April 2025, HHS and FDA announced they are "working with industry to eliminate" Red 40 and five other synthetic dyes "by the end of next year." This is a phase-out agreed with industry, not a revocation. Formal revocation was started only for Citrus Red No. 2 and Orange B (FDA announcement).

United States (state laws)

  • West Virginia, HB 2354 (signed 24 March 2025): bans Red Dye No. 40 and six other dyes in school lunches from 1 August 2025. From 1 January 2028 the same dyes "must not be contained in food items for sale in the state" (Governor's release).
  • Virginia, § 22.1-207.4:3: from 1 July 2027, public schools may not offer foods containing FD&C Red No. 40 (CAS 25956-17-6) (Code of Virginia).
  • California, AB 2316: signed 28 September 2024 as a schools measure on synthetic dyes (Governor's release). The release doesn't name Red 40 or give a start date, and I couldn't open the bill text on leginfo.legislature.ca.gov to confirm either.
  • Louisiana and Arizona: I found 2025 school-food bills (Louisiana SB 14 and SB 117, Arizona HB 2164) but couldn't open their texts, so I can't confirm their final status or scope.

European Union (Regulation (EC) No 1333/2008, current consolidated text)

  • E 129 is in the Group III colours with a combined maximum limit [4]. It is also authorised by name in specific categories, for example up to 250 mg/kg in precooked crustaceans [5].
  • Under Article 24, labelling of foods containing Annex V colours "shall include" extra information [6]. Annex V lists Allura red (E 129), with the statement "may have an adverse effect on activity and attention in children." It doesn't apply to health marking on meat, decorative colouring on eggshells, or drinks over 1.2% alcohol [7].

Other jurisdictions

  • Great Britain: E129 Allura Red AC is on the approved additives list under Colours [8].
  • Canada: Allura Red is on Health Canada's List of Permitted Colouring Agents (List 3, item A.2), with 11 food-use rows. Unstandardized foods are capped at 300 ppm if used alone; fruit-flavoured beer at 10 ppm [9][10].
  • Japan: Food Red No. 40 (Allura Red AC) and its aluminium lake are designated additive No. 218 [11].
  • Australia/New Zealand: FSANZ includes Allura red AC (INS 129) in its table of additives often cited as banned overseas. The table shows it permitted in the US (CFR §74.340) and the EU (Reg. 1333/2008) [12]. I didn't check the Food Standards Code's own permissions schedule.

Approach: I searched the FDA Color Additive Status List, 21 CFR Part 74, EU Regulation 1333/2008, the GB approved E-numbers list, Health Canada's permitted additive lists, Japan's designated additives list and the FSANZ comparison table. I checked federal and state actions on official FDA and state government sites.

Q.02

What restrictions apply in California and West Virginia?

West Virginia bans Red 40 in school meals now and will ban it in all food sold in the state from 1 January 2028. California has no statewide ban on Red 40. Its only Red 40 rule is a public-school ban starting 31 December 2027. California's statewide additive ban (AB 418) covers Red 3, not Red 40.

West Virginia: HB 2354 (Enrolled Committee Substitute, passed 14 March 2025) (enrolled text)

School mealsAll food sold in the state
ProvisionNew §18-5D-3A, "Unsafe food additives prohibited"§16-7-2(b)(7), what counts as adulterated food
Start date1 August 20251 January 2028 (§16-7-2(b)(10))
SubstancesRed No. 3, Red No. 40 (CAS 25956-17-6), Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, Green No. 3The same seven FD&C dyes, plus butylated hydroxyanisole (BHA) and propylparaben
RuleThese additives "shall be deemed unsafe and shall not be permitted as an ingredient in any meal served in a school nutrition program"Food is adulterated if it contains an added substance "poisonous or injurious to the health," and Red No. 40 is named
ExceptionsSchools may allow non-compliant food at fundraisers held off school premises, or on premises at least half an hour after the school day ends (§18-5D-3A(b))Criminal penalties under §16-7-4(a) don't apply to anyone selling less than $5,000 a month, in total, of food adulterated by these listed substances (§16-7-4(b))
  • Penalty (§16-7-4(a)): knowingly adulterating food, or knowingly making, offering or selling adulterated food in the state without telling the buyer, is a misdemeanour. The penalty is a fine of up to $500, up to one year in jail, or both. The adulterated goods "shall be forfeited and destroyed."

California: three laws, and only one covers Red 40

According to the Assembly Environmental Safety and Toxic Materials Committee analysis of AB 2034 (hearing 14 April 2026) (analysis, p. 16):

  • AB 2316 (Chapter 914, Statutes of 2024): from 31 December 2027, school districts, county offices of education, charter schools and state special schools may not sell students food containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5 or Yellow 6. It applies to schools only.
  • AB 418 (Chapter 328, Statutes of 2023): from 1 January 2027, no one may make, sell, deliver, distribute, hold or offer for sale in California a food for human consumption that contains brominated vegetable oil, potassium bromate, propylparaben or red dye 3. Red 40 is not on this list.
  • AB 1264 (Chapter 467, Statutes of 2025): this is a separate school-food law on ultra-processed foods. By 1 June 2028, the state health department (CDPH) must adopt regulations defining "ultraprocessed foods of concern" and "restricted school foods." Schools start phasing these foods out by 1 July 2029. From 1 July 2032, vendors may not offer them to schools.

The Governor's October 2025 release also describes AB 2316 as banning synthetic dyes in school food and AB 418 as the statewide ban "including red dye 3" (Governor's release). The analysis also covers AB 2034, a bill pending at that hearing on additive safety and ingredient disclosure. It doesn't name Red 40, and I didn't establish its current status.

Approach: RegAffairs AI doesn't hold state food-additive laws, so I read West Virginia's enrolled bill on the Legislature's site and California's official Assembly and Governor pages. The California bill texts and the Department of Education pages wouldn't open, so the California details come from the Assembly analysis, and I couldn't confirm AB 2316's Education Code section number.

Q.03

Is it allowed in the UK and EU?

Yes. Red 40 (Allura Red AC, E 129) is permitted in food in both the EU and Great Britain. In the EU, its use is limited to the food categories and maximum levels in Annex II of Regulation (EC) No 1333/2008, and any food containing it must carry a warning on the label.

European Union (Regulation (EC) No 1333/2008, consolidated text)

  • Group III colour: E 129 "Allura red AC" is one of the Group III food colours, which share a combined maximum limit [4]. Where a category allows Group III colours, E 129 counts towards that shared limit.
  • Named authorisations in Annex II Part E. These category rows spell it "Allura Red AG":
CategoryMax levelRestriction
04.2.1 Dried fruit and vegetables200only preserves of red fruit; combined limit with E 120, E 122, E 131, E 133 [13]
04.2.2 Fruit and vegetables in vinegar, oil or brine200same [14]
04.2.3 Canned or bottled fruit and vegetables200same [15]
04.2.4.1 Fruit and vegetable preparations excluding compote200same [16]
08.1 Fresh meatquantum satisonly for health marking [17]
08.2 Meat preparations25only breakfast sausages with at least 6 % cereal, and burger meat with at least 4 % vegetable and/or cereal mixed into the meat [18]
08.3.2 Heat-treated meat products25only luncheon meat [19]
09.2 Processed fish and fishery products250only precooked crustaceans; combined limit with other listed colours [5]
14.2.7.1 Aromatised wines100only bitter vino [20]
14.2.7.2 Aromatised wine-based drinks100only bitter soda [21]
  • Warning label: under Article 24(1), the labelling of food containing an Annex V colour "shall include" the extra information set out in that Annex [6]. Annex V lists Allura red (E 129), and the label must say "'name or E number of the colour(s)': may have an adverse effect on activity and attention in children."
  • Exceptions to the warning: it doesn't apply to colour used for health or other marking on meat products, to stamping or decorative colouring on eggshells, or to drinks over 1.2 % alcohol by volume [7].

United Kingdom

  • Great Britain: the Food Standards Agency's list of approved additives and E numbers includes E129 Allura Red AC under Colours [8]. That list shows approval only. It doesn't set out GB conditions of use or labelling rules, and I didn't have the GB version of the Regulation to read them. So I can't confirm the GB levels or warning wording from this source, and I haven't assumed the EU figures carry over.
  • Northern Ireland: I didn't check which additive rules apply there.

Approach: I read the current consolidated text of Regulation (EC) No 1333/2008 (Articles 24, Annex II and Annex V) and the FSA's approved additives and E numbers list for GB. I didn't have the GB conditions of use or the Northern Ireland position.

Q.04