Federal and State Rules Change Which Candy Americans Can Buy
New restrictions on synthetic dyes and older safety laws have removed or altered popular sweets from U.S. shelves.
By Elena Castillo ·
The composition of American candy shelves is changing due to recent regulatory actions regarding food additives and safety standards.
West Virginia enacted the first state-level ban on seven synthetic dyes. Governor Patrick Morrisey signed House Bill 2354 on March 24, 2025. The law prohibits the sale of foods containing Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, or Green 3 starting January 1, 2028. The International Association of Color Manufacturers challenged the law in October 2025, arguing it is unconstitutional.
The federal government moved to revoke approval for Red 3 dye. The FDA announced the decision on January 15, 2025, citing cancer findings in male laboratory rats. The agency noted that current evidence does not show the same effect in humans. Food manufacturers have until January 15, 2027, to remove the ingredient from their products. This change affects common Halloween items such as candy corn, Hot Tamales, and PEZ.
California passed a similar measure earlier, influencing the federal timeline. The state signed its ban on October 7, 2023, targeting four additives including Red 3. The state law takes effect in 2027. The FDA’s nationwide action followed roughly fifteen months after California’s legislative move.
Safety concerns and structural rules have also removed other treats from the market. The European Union banned titanium dioxide in 2022, altering products like Skittles in that region, while the U.S. FDA continues to allow the additive. In 2001, the FDA issued an import alert for mini jelly cups made with konjac after they were linked to the deaths of six children in the United States. The European Union and Australia banned the product outright.
Some candies returned to shelves after being removed due to perceived risks. In 1976, the FDA banned Red Dye No. 2 following animal studies. Mars Inc. pulled red M&M’s from stores to avoid consumer concern, replacing them with orange. The red candy returned in 1987 after a college student’s campaign brought attention to the brand’s history.
A 1938 federal law prevents the Kinder Surprise egg from being legally sold in the U.S. The statute bans candy with a non-nutritive object embedded inside, which the FDA views as a choking hazard. Customs agents continue to seize the chocolate eggs at the border. Nestlé removed a similar product, the Magic chocolate ball, from U.S. shelves in the late 1990s. The Kinder Joy remains legal because its toy is contained in a separate sealed half of the package.
Source: WERE
