Synthetic dye

Red 40

Also known as: E129, Red 40 Lake, CI 16035, FD&C Red No. 40, FD&C Red No. 40 Lake, FD&C Red 40, FD&C Red No. 40 Aluminum Lake, Red 40 Aluminum Lake, CAS 25956-17-6, Allura Red AC, E 129, FD&C Red 40 Lake, Allura red, Red Dye 40, Food Red 17

Red 40 (Allura Red AC) is a synthetic azo dye certified by the FDA as FD&C Red No. 40 and used to color a wide range of foods, beverages, candies, baked goods, and medications. In the EU it is designated E 129.

Is Red 40 safe? Is it banned or restricted? Below is the cited record — every claim linked to the regulator, study, or report that made it.

The charges against Red 40

5 findings

Exhibit 01

Warning

Texas Senate Bill 25 (89th Legislature, 2025) lists this substance among 44 ingredients that trigger a mandatory consumer warning label under Texas Health & Safety Code Sec. 431.0815. The label reads: "WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom." It applies to food labels developed or copyrighted on or after January 1, 2027. On February 11, 2026 the U.S. District Court for the Western District of Texas preliminarily enjoined enforcement against the plaintiff trade groups and their members; Texas appealed to the Fifth Circuit on March 5, 2026.

Named in Texas SB 25 (2025) among 44 ingredients requiring a consumer warning label: "not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom." The requirement applies to labels developed or copyrighted on or after Jan 1, 2027, and was preliminarily enjoined by a federal court (W.D. Tex., Feb 11 2026); Texas’s appeal is pending at the Fifth Circuit.

Tier 1 · RegulatoryUS-TXTexas Legislature / Texas DSHS· 2025-06-22

Exhibit 02

Warning

Commencing December 31, 2027, ... a school food facility shall not sell or otherwise provide a food product for consumption by pupils ... if the food product contains ... Red 40.

California's School Food Safety Act (AB 2316) bars public schools from serving foods containing Red 40 starting December 31, 2027.

Tier 1 · RegulatoryUS-CACalifornia State Legislature (AB 2316, California School Food Safety Act)· 2024-09-28

Exhibit 03

Warning

The EU requires foods containing Red 40 (Allura Red, E129) to carry the warning "may have an adverse effect on activity and attention in children" (Regulation (EC) No 1333/2008, Annex V - one of the 'Southampton six' colours).

Tier 1 · RegulatoryEUEuropean Union (Regulation 1333/2008)· 2010-07-20

Exhibit 04

Concern

Synthetic food dyes are associated with neurobehavioral effects, such as inattentiveness, hyperactivity, and restlessness in sensitive children ... consumption of synthetic food dyes can result in hyperactivity and other neurobehavioral problems in some children.

California OEHHA's 2021 assessment concluded that synthetic food dyes, including FD&C Red No. 40, are associated with hyperactivity, inattentiveness, and restlessness in some children.

Tier 1 · RegulatoryUS-CACalifornia OEHHA (Office of Environmental Health Hazard Assessment), Cal/EPA· 2021-04-16

Exhibit 05

Concern

may have an adverse effect on activity and attention in children

EU law (Reg (EC) 1333/2008, Annex V) requires foods containing Allura Red AC (E 129) to carry a warning that the colour may have an adverse effect on activity and attention in children.

Tier 1 · RegulatoryEUFood Safety Authority of Ireland (implementing EU Regulation (EC) No 1333/2008, Annex V)· 2010-07-20

Food Court reports publicly available findings from regulatory bodies, peer-reviewed research, and journalism. We cite every claim. We are not your doctor — we are a search engine for what's known about your food. Follow the links to the original sources.