Mexico Is Removing Red 3, and a New Food Additive Rulebook Starts This Month
Mexico removed Red 3 from its permitted additives in May, with 24 months to reformulate authorized uses. A new agreement replacing its 2012 additive rules is due to take effect this month, with numeric limits on more colorants.
The United States is not the only North American market changing its food colors. Mexico removed Red 3 from its permitted additives in May, and a new agreement replacing its 2012 additive rules is due to take effect this month.
TLDR
- Mexico’s Health Ministry published an agreement on May 28 removing Red 3, also called erythrosine, and its lakes from foods, beverages and supplements.
- For authorized uses, manufacturers have 24 months to reformulate and use up stock, which runs to about May 2028.
- A separate agreement published Aug. 21 replaces Mexico’s 2012 additive rules. The law firm Arochi & Lindner dates its start to Nov. 17.
- Some colorants that were allowed under good manufacturing practices now get numeric limits, with 24 months to adjust.
The Red 3 Decision
The May agreement took effect May 29, Greenberg Traurig reported. It removes the color from every category where it had been authorized, including ice cream, flavored milk, flavored beverages, cereal foods and bakery products.
The firm reported that uses the 2012 rules never covered, such as gelatins, chewing gum, candies and gummies, were prohibited as soon as the agreement took effect.
Infobae reported that the decision rested on a risk analysis by COFEPRIS, Mexico’s health regulator. That analysis calculated exposure of up to 0.231 milligrams per kilogram of body weight, more than double the acceptable daily intake of 0.1 milligrams per kilogram. Infobae reported that no manufacturers had taken a public position at the time.
In the United States, Red 3’s food deadline is Jan. 15, 2027.
The New Additive Agreement
The August agreement repeals the 2012 rules and their 2013 and 2016 amendments. It organizes additives across 11 annexes, Bergeson & Campbell reported, and the annexes will be updated every three months on the COFEPRIS website.
The law firm Solórzano Linaldi reported these changes:
- Colorants with new numeric limits: 24 months to reformulate.
- Products already using additives under the old rules: 12 months to notify their use under the new procedure, and another 24 months to reformulate if the evaluation is unfavorable.
- Gold, silver and aluminum colorants: 6 months to request inclusion, then 18 more months to remove them if no request is filed.
- Labels: additives must appear in the ingredient list by common name or synonym, with exceptions for enzymes, processing aids and flavorings.
The start date varies by source. The agreement takes effect 60 business days after publication. Arochi & Lindner says that is Nov. 17, a Flavorist regulatory digest lists Nov. 13, and Bergeson & Campbell says approximately late November.
Why It Matters
Companies selling on both sides of the border now face Red 3 deadlines in two countries, and new numeric color limits in one of them. The law firm summaries do not list which colors get new limits, so manufacturers will need to read the annexes against their own formulas.
Sources: Greenberg Traurig, Infobae, Arochi & Lindner, Bergeson & Campbell, Solórzano Linaldi, Flavorist.