You Are What You Eat: Raising Healthy Children

 

This guest post is courtesy of Regent Law 3L Andrew Mintz:

 

          While oftentimes expressed lightheartedly, the old saying “you are what you eat” holds a lot of truth, especially in the development of growing children. According to the Mayo Clinic, a proper balanced diet is important for children and adults of all ages, but is especially important in the early development years of a child. A diet focused on nutrient-dense foods including proteins, fruits, vegetables, grains, and dairy will be the best source of vitamins, minerals, and carbohydrates that promote physical and mental development; it is also recommended for parents to limit foods high in added sugars, artificial dyes, saturated fats, and sodium.

          In recent years, one artificial dye in particular has caught the attention of the public more than others; this dye is red 40. Approved by the Food and Drug Administration (FDA) for food use in 1971, red 40 has become a commonly used artificial coloring by food manufacturers and fast food chains alike. According to MD Anderson Cancer Center, while research is still being conducted, concerns have been raised about red 40 specifically being linked to hyperactivity and neurobehavioral issues, as well as higher risks of cancer in children. Specifically towards the support for risks to cancer, MD Anderson cites an FDA press release from January 2025 announcing a ban on red 3 from being used for food use after two studies concluded that high exposure to red 3 led to male lab rats developing tumors.

One priority of the current U.S. Secretary of Health & Human Services (HHS), Robert F. Kennedy Jr., has been to address the issue of unnecessary artificial dyes in foods. In April 2025, HHS alongside the FDA announced measures being taken to encourage a shift away from all petroleum-based synthetic dyes to natural alternatives. Red 40 and the five other main synthetic dyes are the target of these measures; many food manufacturing companies have already agreed to phase out these dyes from food products by the end of 2026 or 2027. Internationally, the European Union has implemented guidelines that require food products that contain red 40 to place a warning label that states the dye “may have an adverse effect on activity and attention in children.” Additionally, countries like Norway and Iceland have taken even more extreme measures to protect children from the effects of artificial dyes by banning the use of red 40 in food products altogether. To follow in these footsteps, the Ban Harmful Food Dyes Act was introduced in the U.S. House of Representatives in August 2025, which would ban artificial dyes, including red 40, from food products. Since its introduction, the bill has since been referred to committee and is awaiting approval before being brought to the House Floor for a vote.

It is encouraging that progress has been made on this issue this year, but there is still much progress to be made. With the introduction of legislation such as the Ban Harmful Food Dyes Act and through the work of Secretary Kennedy, children will have healthier alternatives that leave a long-term positive impact on their development.

 

Sources:

1.      https://www.mayoclinic.org/healthy-lifestyle/childrens-health/in-depth/nutrition-for-kids/art-20049335

2.     https://health.clevelandclinic.org/red-dye-40

3.     https://www.mdanderson.org/cancerwise/are-food-dyes-unhealthy.h00-159775656.html

4.    https://www.fda.gov/food/hfp-constituent-updates/fda-revoke-authorization-use-red-no-3-food-and-ingested-drugs

5.     https://www.fda.gov/news-events/press-announcements/hhs-fda-phase-out-petroleum-based-synthetic-dyes-nations-food-supply

6.    https://www.fda.gov/food/color-additives-information-consumers/tracking-food-industry-pledges-remove-petroleum-based-food-dyes

7.     https://imbarex.com/where-is-red-40-banned-all-the-countries-and-why/

8.    https://meng.house.gov/media-center/press-releases/meng-introduces-legislation-banning-harmful-food-dyes#