FDA Publishes Front-of-Pack Regulation, Bans Red Dye No. 3

Shook, Hardy & Bacon L.L.P.

The U.S. Food and Drug Administration (FDA) has published a proposed front-of-package nutrition label, the "Nutrition Info box," that would give consumers readily visible information about the "Low," "Med" or "High" levels of a food's saturated fat, sodium and added sugars content. The proposed rule would require food manufacturers with $10 million or more in annual food sales to add a Nutrition Info box to most packaged foods within three years of the final rule's effective date, or four years for businesses with less than $10 million in annual food sales. Comments will be accepted until May 16, 2025.

FDA also revoked the authorization for use of Red Dye No. 3 in food and ingested drugs in response to a 2022 color additive petition, according to an agency constituent update. Food manufacturers must remove Red No. 3 from their products by January 15, 2027.

Read more stories in the Food and Beverage Litigation and Regulatory Update >>

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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