Voluntary Removal of 6 Color Additives ‘By the End of Next Year,’ FDA and HHS Say
(This amends an earlier story)
At first, it sounded like an absolute ban with an absolute deadline, but in the end the FDA and its parent, Dept. of Health & Human Services, on April 22 "asked" food & beverage processors to remove six petroleum-based colorants from products and suggested it be done "by the end of next year."
While yesterday's joint press conference contained strong rhetoric and a bevy of guest speakers, agency press releases circulated the morning after clarified that the two agencies were “establishing a national standard and timeline” and “working with industry to eliminate … Green 3, Red 40, Yellow 5 & 6 and Blue 1 & 2—from the food supply by the end of next year.”
Food & beverage processors apparently are on board, the result of apparently friendly meetings between the industry and the regulators.
“Let’s start in a friendly way and see if we can do this without any statutory or regulatory changes,” said FDA Commissioner Marty Makary. “They want to do it. Why go down a complicated road in Congress? [Food processors] don’t want to deal with a patchwork of 30 different state laws.
“We’ve had wonderful meetings with the food industry,” he added. “I’ve been amazed.”
Need help finding replacements for those color additives? See "Here are Replacements for Banned Color Additives."
There are passed or pending laws in as many as 30 states that, while similar in many respects, especially about the six additives singled out Tuesday, have enough variations to create different regulations for nationwide food processors to adhere to.
And processors are capable of replacements. They’ve been forced to remove many synthetic colorants in other parts of the world, including Canada and Europe. “You want red?” Makary asked as he held up watermelon juice, beet juice and carrot juice.
“The transition will not increase food prices,” Makary added. “We’ve seen that in other countries.
“We have a new epidemic of childhood diabetes, obesity, depression, and ADHD. Given the growing concerns of doctors and parents about the potential role of petroleum-based food dyes, we should not be taking risks and do everything possible to safeguard the health of our children.”
Makary was among seven speakers, who included Robert Kennedy, secretary of HHS. With MAHA (Make America Healthy Again) Mothers as their backdrop on stage, they thanked the food industry for cooperation in meetings on this issue.
The voluntary “ban” actually covers nine colorants in all. Citrus Red 2 and Orange B apparently are in the stages of being approved, but FDA will revoke those authorizations in the coming months. And Red 3 was banned by FDA late last year, although the speakers asked the food industry to remove it earlier than the current Jan. 15, 2027, deadline.
In a news release circulated just after the meeting, FDA said it’s authorizing four new natural color additives in the coming weeks – presumably calcium phosphate, Galdieria extract blue, gardenia blue and butterfly pea flower extract – while also accelerating the review and approval of others.
Food trade associations quickly followed with statements of acceptance. Consumer Brands Assn.’s was typical: “Consumer Brands has long asked HHS and FDA to re-establish themselves as the country's leading regulatory authority and we appreciate that the administration has reasserted their leadership in response to the myriad of state activity in the food regulation space. A state patchwork of differing laws creates confusion for consumers, limits access to everyday goods, deters innovation and increases costs at the grocery store.”
