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Red 40 needs a warning label in the EU and the UK

EU and UK law requires a warning label, while the FDA describes US company commitments to remove dyes as voluntary.

Published · 8 sources

WhereStatusDetail
USPermittedListed for “coloring foods (including dietary supplements) generally” (21 CFR 74.340).1,2
CaliforniaRestrictedOut of public school breakfasts and lunches from Dec 31, 2027 (AB 2316).3
EUWarning labelLabel must add: “may have an adverse effect on activity and attention in children.”4
UKWarning labelSame rule in the UK version of Regulation 1333/2008 (Article 24, Annex V).5,6
CanadaPermittedAllura Red is item A.2 on Health Canada’s List of Permitted Food Colours.7

The FDA lists FD&C Red No. 40 as E129. EU law lists the same dye as Allura red (E 129).2,4

Under EU and UK law, labels must say: “may have an adverse effect on activity and attention in children,” after the dye’s name or E number.4,5,6

The FDA says its US effort targets 6 dyes, including Red 40, by the end of 2027. Company commitments are voluntary.8

California’s 2024 law prohibits public schools from offering breakfast or lunch containing Red 40 beginning December 31, 2027.3

Ingredients in this story

Sources

  1. 21 CFR 74.340 FD&C Red No. 40 (eCFR, accessed Oct 1, 2026)

    U.S. eCFR (Code of Federal Regulations) · Law

    “FD&C Red No. 40 may be safely used for coloring foods (including dietary supplements) generally in amounts consistent with good manufacturing practice”

    ecfr.gov

  2. Summary of Color Additives for Use in the United States in Foods, Drugs, Cosmetics, and Medical Devices

    U.S. FDA · Dec 16, 2025 · Regulator

    “§74.340 FD&C Red No. 40(3) E129 1971”

    fda.gov

  3. AB 2316, Pupil nutrition: substances: prohibition (Chapter 914)

    California Legislature · Sep 28, 2024 · Law

    “This bill, beginning December 31, 2027, would prohibit a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, from offering a nutritionally adequate breakfast or lunch containing specified substances, including, among othe”

    leginfo.legislature.ca.gov

  4. Regulation (EC) No 1333/2008 on food additives, Art. 24 and Annex V

    European Union (Official Journal, via EUR-Lex/CELLAR) · Dec 16, 2008 · Law

    “the labelling of food containing the food colours listed in Annex V to this Regulation shall include the additional information set out in that Annex.”

    eur-lex.europa.eu

  5. Regulation (EC) No 1333/2008, Annex V (UK revised version, legislation.gov.uk)

    UK legislation.gov.uk (The National Archives) · Law

    “may have an adverse effect on activity and attention in children.”

    legislation.gov.uk

  6. Regulation (EC) No 1333/2008, Article 24 (UK revised version, legislation.gov.uk)

    UK legislation.gov.uk (The National Archives) · Law

    “the labelling of food containing the food colours listed in Annex V to this Regulation shall include the additional information set out in that Annex”

    legislation.gov.uk

  7. 3. List of Permitted Food Colours (Lists of Permitted Food Additives)

    Health Canada · Regulator

    “A.2 Allura Red”

    canada.ca

  8. Tracking Food Industry Pledges to Remove Petroleum Based Food Dyes

    U.S. FDA · Sep 15, 2026 · Regulator

    “the FDA is working closely with food manufacturers, retailers, and trade associations to eliminate six remaining certified color additives frequently used in the food supply—FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2—by the end of 20”

    fda.gov

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