On April 22, 2025, several high-ranking U.S. health officials announced a plan to phase out petroleum-based synthetic dyes from food products. This included one dye already scheduled for removal. However, because it is so far unclear what authorization the FDA has for removing some food dyes from shelves, the plan requires cooperation from the manufacturers and distributors.
The head of the U.S. Department of Health and Human Services (HHS) and the Commissioner of the U.S. Food and Drug Administration (FDA) revealed this as part of the "Make America Healthy Again" campaign touted by HHS Secretary Robert F. Kennedy Jr. Given the legal status of the dyes, various workarounds were proposed as solutions. These include "working with the food industry" and approving natural replacements at some point in the future.
What To Know About Petroleum-Based Food Dyes
Some studies have suggested a link between synthetic dyes and ADHD in children. However, studies linking remaining petroleum-based dyes to negative health effects are mixed and there is no conclusive link to the dyes being carcinogenic. Since changing to organic dyes would increase costs for companies using synthetic dyes, it remains to be seen how much they'll be willing to work with the HHS and FDA.
Synthetic food dyes have long been a part of the U.S. food and medicine industries. Cheap and readily available, the dyes are found in products such as cough syrup, gummy vitamins, candy, and breakfast cereals.
FD&C Red No. 3, also known as erythrosine, had its FDA approval revoked by the Biden administration under the "Delany Clause." This clause, part of the Federal Food, Drug, and Cosmetic Act, prohibits the FDA from approving any food additive that has been shown to cause cancer. While many companies had already switched to FD&C Red 40, those still using FD&C Red No. 3 are required to phase out use by 2027-2028. Under Kennedy's plan, the HHS and the FDA have requested that they do so sooner.
The agencies announced their intent to begin to revoke the authorization for Citrus Red No. 2 and Orange B at some point in the "coming months." A definitive timeline was not given and the details are not yet clear.
They also stated plans to remove 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 dyes from the food supply by the end of next year. This is based on the food industry choosing to work with the agencies. While FD&C Red No. 3 has been shown to cause cancer in mice, the FDA cannot point to similar conclusive studies for the remaining dyes, meaning it cannot invoke the Delany Clause as it did with FD&C Red No. 3.
Instead, the FDA will establish a national standard and timeline for companies using synthetic dyes to switch over to natural alternatives. No further details were given and there was no indication that the businesses in question were on board with the proposals as yet.
Why does this matter? Because Congress could prohibit all petroleum-based food additives at its discretion. However, an FDA action not specifically authorized by Congress is more likely to be challenged in court. So far, HHS and the FDA is choosing to work with the food industry directly instead of Congress.
You're in Pretty Good Shape for the Shape You're In
Most of the dyes in question have already been banned in Europe, but whether U.S. food and medicine companies are willing to assume the increased cost associated with natural coloration methods unless compelled by law remains to be seen. Until then, enjoy the bright colors of your Froot Loops while you can.
Related Resources
- Toxic Chemicals and Material Laws (FindLaw Product Liability Law)
- Dangerous Foods and the Law (FindLaw's Product Liability Law)
- How Safe Are FDA-Approved Drugs? (FindLaw's Practice of Law)
