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 .

While it caused cancer in these male rats, the dye does not cause cancer in humans and other animals in the same way, according to other studies. Therefore, “claims that the use of FD&C Red No. 3 in food and in ingested drugs puts people at risk are not supported by the available scientific information,” according to the FDA.

Red No. 3, also known as erythrosine, is a color additive made from petroleum that gives foods and drinks a bright, cherry-red color.