WASHINGTON — A federal appeals court on Friday declared unlawful the Food and Drug Administration's decision allowing the use in cosmetics of two dyes that contain traces of cancer-causing chemicals.
The U.S. Circuit Court of Appeals here ruled that the FDA had violated what is known as the Delaney Clause that bars cancer-causing substances in dyes and food additives, even though the judges agreed with the agency's determination that the risk posed by dyes Orange No. 17 and Red No. 19 was extremely minimal.
The three-judge panel rejected the Reagan Administration's argument that the FDA could allow the use of dyes that had virtually no risk because they contained only barely detectable traces of cancer-causing substances.
'Alarmed About Risks'
"Congress, and the nation in general (at least as perceived by Congress), appear to have been truly alarmed about the risks of cancer," the court said.