Red Dye No. 3 was only the start.
Now, individual states are moving faster than the FDA. As ingredient bans become the norm, the question for CPG companies is "which of my brands will be affected next"?
California, New York, Illinois, and Pennsylvania are passing food regulations that target ingredients before the federal government takes action. These changes are picking up speed after the Supreme Court’s Chevron decision, which limits the authority of federal agencies like the FDA. More on that here.
This is creating regulatory fragmentation. Each new state law adds complexity for manufacturers selling nationally. This isn't a hypothetical issue, it’s already happening around the country.
West Virginia recently passed legislation banning synthetic food dyes and preservatives like BHA and propylparaben, starting with school meals in August 2025 and expanding to all food sold in the state by 2028. Read the New York Times coverage.
This isn’t just about one law in one state. It signals what’s coming next.
Based on our analysis of products containing Red 3, here are the ingredients most likely to be banned next:
Artificial Colors (Red 40, Yellow 5 and 6, Blue 1)
Highly Processed Sugars (Corn Syrup and Dextrose)
Across the Red 3 dataset, over 40 percent of products contain one or more of these flagged ingredients. These are not fringe items. They are core to many brand portfolios.
According to the paper Food Manufacturers’ Decision Making Under Varying State Regulation, companies typically have four options when a state enacts a new rule:
Most manufacturers choose nationwide reformulation. Even though it’s expensive, it’s more practical than creating separate SKUs or risking fines.
The challenge is that most teams only start evaluating reformulation after the regulation passes.
That delay can be costly.
With Harmonya, teams can assess ingredient risk before bans go into effect.
You can:
This gives your product, regulatory, and insights teams a shared foundation to plan from. You can get ahead of state bans and avoid scrambling once they’re signed into law.
When one state tightens its rules, retailers in other regions often follow suit. They want clean shelves, consistent PDPs, and fewer compliance gaps. If a reformulation is coming, they want to know it will apply everywhere.
Being prepared builds trust with retail partners. It also prevents your team from losing weeks of time reacting to pressure from retailers or shoppers.
The signs are clear. Ingredient bans are increasing. Regulatory power is shifting. The gap between federal action and state-level regulation is only widening.
You already know which ingredients are under review. With the right data, you can model the impact today and stay in control of your response.
Learn why Harmonya is trusted by top CPGs and retailers in a brief product demo.