FDA and HHS to Phase Out Petroleum-Based Synthetic Dyes in Food | By: Pooja S. Nair
Posted in Legal Bites
FDA and HHS to Phase Out Petroleum-Based Synthetic Dyes in Food | By: Pooja S. Nair

On April 22, 2025, the  U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply.

FDA actions include:

  • Establishing a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives.
  • Initiating the process to revoke authorization for two synthetic food colorings—Citrus Red No. 2 and Orange B—within the coming months.
  • Working with industry to eliminate six remaining synthetic dyes—FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2—from the food supply by the end of next year.
  • Authorizing four new natural color additives in the coming weeks, while also accelerating the review and approval of others.
  • Partnering with the National Institutes of Health (NIH) to conduct comprehensive research on how food additives impact children’s health and development.
  • Requesting food companies to remove FD&C Red No. 3 sooner than the 2027-2028 deadline previously required.

FDA is fast-tracking the review of calcium phosphate, Galdieria extract blue, gardenia blue, butterfly pea flower extract, and other natural alternatives to synthetic food dyes. FDA indicated that it would provide some regulatory flexibilities to industries.

Several states, including California and West Virginia, have passed legislation banning some synthetic dyes. These dyes are already banned in the European Union. FDA had previously revoked the authorization for Red No. 3 in food and ingested drugs, and gave manufacturers until 2027 to comply with removing that ingredient in products.

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.

  • Pooja S. Nair
    Partner

    Pooja S. Nair is a Partner and Chair of the Food, Beverage and Hospitality Department.

    Pooja S. Nair is a business litigator with a proven track record of delivering creative, effective, and long-term solutions to complex legal ...

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