Red dye No. 3 has been permissible for use in food despite the Delaney Clause of the FDA’s Federal Food, Drug, and Cosmetic Act. The clause, in part, “prohibits the FDA from approving a color additive that is ingested if it causes cancer in animals or humans when ingested,” according to the agency .

The popular brands sell candy, cakes, cupcakes, cookies, frozen desserts, frostings and icings that use the banned dye.

The U.S. on Wednesday banned the use of a synthetic food dye that gives some candies, cakes and certain oral medications a cherry-red color, following evidence that the dye causes cancer in laboratory rats.