FDA and HHS to Phase Out Petroleum-Based Synthetic Dyes in Food

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Ervin Cohen & Jessup LLP

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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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