Red dye No. 3 has been permissible for use in food despite the Delaney Clause of the FDA’s Federal Food, Drug, and Cosmetic Act. The clause, in part, “prohibits the FDA from approving a color additive that is ingested if it causes cancer in animals or humans when ingested,” according to the agency .

Red Dye No. 3, also known as erythrosine, is a synthetic food dye that gives foods and drinks a bright red color. It is also sometimes used in oral medicines and dietary supplements. It first was approved for use in food in 1907. It's made from petroleum.

FDA’s ban on Red 3 is a shot across the bow to the food sector that could ironically help facilitate Kennedy’s pursuit of further changes.