U.S. health agencies announced that the food industry will begin phasing out eight artificial food dyes in the coming years. In the labeling of foods, most certification-exempt color additives may be declared as artificial color or artificial coloring (21 CFR 101.22 (k) (2)), while certified color additives must be.
The FDA is phasing out the use of petroleum. States expected to leapfrog feds on food-chemical regulation Bipartisan momentum to 'Make America Healthy Again' will likely fuel more food-focused state action, though companies are pushing. Fueled by MAHA, state lawmakers are moving to remove dyes and other additives from food.
A wide range of state laws could make it difficult for manufacturers and could spur further federal regulation. The Department of Health and Human Services and the Food and Drug Administration announced on Tuesday a series of measures to phase out eight artificial food dyes. On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a series of steps intended to eliminate all petroleum-based synthetic dyes from the US food supply by the end of 2026.
Importantly, the proposed phase out of synthetic food dyes will depend on voluntary compliance from regulated industry. In this Legal Update. Thus, states have the liberty to enact their own laws banning or restricting artificial food dyes unless Congress expressly indicates that a specific dye is safe or if a state law conflicts with federal requirements regarding specific food dyes.
The legal definition can be found in Section 201(t) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and provides exclusions as well. Color additives for use in food, drugs, and cosmetics require premarket approval. FDA has regulatory oversight for color additives used in foods, drugs, cosmetics, and medical devices.
Food ingredients as authorized by a definitions and standard of identity prescribed by regulations pursuant to section 401 of the act are color additives, where the ingredients are specifically designated in the definitions and standards of identity as permitted for use for coloring purposes.
