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"?
The Landscape Is Shifting
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.
What's on the Radar Right Now
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)
- Regulatory proposals are gaining traction in multiple states
- Parents are pushing for natural alternatives due to behavioral concerns
- Brands are already testing replacements like turmeric and spirulina
Highly Processed Sugars (Corn Syrup and Dextrose)
- Linked to obesity and metabolic health concerns
- Shoppers are avoiding them, and the market is shifting toward monk fruit and allulose
- Some states are targeting these for phased restrictions in schools and youth products
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.
The Cost of Waiting
According to the paper Food Manufacturers’ Decision Making Under Varying State Regulation, companies typically have four options when a state enacts a new rule:
- Reformulate for that state
- Reformulate nationally
- Stop selling in that state
- Ignore the 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.
Why Anticipation is the Advantage
With Harmonya, teams can assess ingredient risk before bans go into effect.
You can:
- Quickly (in 3 clicks) identify which products use ingredients already being flagged by states and health agencies
- Quantify how exposed your portfolio is across regions, categories, and retailers
- Simulate future scenarios and estimate the impact of phased enforcement
- Prioritize reformulation efforts based on actual business risk
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.
Retailers Are Watching Too
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.
This Isn't a Surprise. It's a Pattern.
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.
