Legislation banning petroleum additive in school meals headed to Delaware Gov. Matt Meyer

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Legislation that would ban school districts and charter schools from giving or selling students food containing a certain color additive is headed to Delaware Gov. Matt Meyer.

The additive is a red dye commonly called Red 40. It’s made from petroleum and is found in foods such as cereal, juice, soft drinks and ice cream. Brands that use it include Doritos chips, Gatorade sport drinks and Kellogg’s Frosted Strawberry Pop Tarts.

The bill’s House sponsor, state Rep. Jeff Hilovsky, R-Millsboro, said other countries like Canada and Europe have restricted the use of Red 40 because of concerns it can cause cancer, hyperactivity in children and organ damage.

“If you were in Michigan at Kellogg’s headquarters, and then you drove a few hours north into Canada, and you had a sudden urge for Froot Loops, and you ordered some at a diner or someplace, they would appear completely differently than they do in this country,” he said. “The reason for that is Canada said, ‘No, we’re done with your caustic chemicals and trying to influence our kids.’”

The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration said in April they planned to phase out all petroleum-based synthetic dyes from the nation’s food supply.

“For too long, some food producers have been feeding Americans petroleum-based chemicals without their knowledge or consent,” HHS Secretary Robert Kennedy Jr. said in a news release. “These poisonous compounds offer no nutritional benefit and pose real, measurable dangers to our children’s health and development.”

The FDA banned Red 3 earlier this year because of cancer-causing concerns.

The International Association of Color Manufacturers issued a statement in response to the HHS and FDA announcement, saying “color additives, whether natural or synthetic, are essential for consistency, visual appeal, and consumer trust in food products and have been rigorously reviewed by global health authorities with no safety concerns.”

Delaware would be the third state to ban Red 40 in school meals and food sales if signed into law. California prohibited the chemical additive in school meals last year. West Virginia’s governor signed a bill in March outlawing Red 40 and six other dyes in school meals.

Delaware schools would have until July 2026 to implement the removal of food and drinks with this additive.

Several states have introduced similar legislation, including Pennsylvania, New York, Florida and Michigan, according to the Environmental Working Group’s tracker.

This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.