The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said it will ask companies to speed up the process to remove Red No. 3 sooner than the 2027–28 deadline, establish a national standard and timeline for transitioning away from synthetic dyes, initiate the process to revoke authorizations for Citrus Red No. 2 and Orange B, work with industry to eliminate six additional dyes, authorize the use of four natural color additives, and partner with the National Institutes of Health to conduct research on the impact of food additives on children’s health and development.
Shook Senior Counsel John Johnson III, an FDA regulatory attorney, spoke to Nosh about the announcement, emphasizing that the timeline to end use of the colorants is "very fast." "Members of the industry would need to tell us about what supply is out there, and lead times on manufacturing and formulations," he said. "[Y]ou can't just simply switch colorants. You need to make sure that the other stuff is available and it can do what you need it to do." Johnson noted that the agencies' action may be part of an effort by the administration to revoke existing regulations. "Removing a colorant that's not really used anymore may free up space for other desired goals," he suggested.
