The published position
The FDA revoked its authorisation for food and ingested drugs on 15 January 2025 under the Delaney Clause, after a petition showed it induces cancer in male rats. Permitted in the EU only in cocktail and candied cherries.
US FDA, 90 FR 4326 (2025)
Where it stands in law
United States
Banned · From 15 January 2027
US FDA, 90 FR 4326
Authorisation revoked 15 January 2025 under the Delaney Clause. Food must comply by 15 January 2027, ingested drugs by 18 January 2028.
European Union
Restricted · cocktail and candied cherries only · In force
EU Regulation 1333/2008, Annex II
California
Banned · From 1 January 2027
California AB 418, the California Food Safety Act
Banned · school meals · From 31 December 2027
California AB 2316, the California School Food Safety Act
West Virginia
Banned · retail sale · 1 August 2025
West Virginia HB 2354
A federal judge preliminarily enjoined the retail provisions in December 2025. The school provisions are unaffected.
Banned · school meals · 1 August 2025
West Virginia HB 2354
Utah
Banned · school meals · 1 August 2026
Utah HB 402
Compliance is required for the 2026 to 2027 school year.
Arizona
Banned · school meals · 1 August 2026
Arizona HB 2164
Applies to ultra-processed food served in schools from the 2026 to 2027 school year.
None of this moves a score. A law tells you what a shop may sell where you live, which is a different question from what is in the packet, and mixing the two would make two people’s scores for the same product incomparable.
How much of it counts
No amount of this one earns a discount. The Delaney Clause bars any authorised level for a colour additive found to induce cancer, so no threshold exists. The rule is here.