Policy Alert: Phaseout of Petroleum-Based Synthetic Food Dyes

Action: US Department of Health and Human Services (HHS) announcement

What it does: On April 23, HHS and the Food and Drug Administration (FDA) announced new actions to phase out petroleum-based synthetic dyes from the US food supply. The announcement targeted eight synthetic dyes by working to revoke existing authorizations (Citrus Red No. 2 and Orange B), requesting companies to expedite existing removal timelines (Red No. 3), and new initiatives with industry to voluntarily eliminate six other synthetic dyes (FD&C Green No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, and Blue No. 2) from the national food supply by the end of 2026. The announcement also included action to accelerate the authorization of four new natural color additives and conduct further research on the impact of food additives on children’s health and development.

Key Insights

The announcement relies on voluntary phaseouts in partnership with industry rather than an outright ban. However, the Administration has not announced which industry partners they are working with, leaving the extent of the voluntary commitments unclear. Secretary Kennedy met with key food industry leaders in March, emphasizing his intent to remove artificial dyes. While the food industry has been reluctant to phase out artificial dyes, companies and associations have begun taking action. The Administration also intends to issue further guidance and “regulatory flexibilities to industries.”
Petroleum-based synthetic dyes play a significant role in the national food supply, artificially coloring food and beverages such as cereal and sports drinks. Historically, the FDA has assessed that color additives, including approved petroleum-based synthetic dyes, are safe when used properly and in accordance with FDA regulations.
However, the announcement comes as the impact of synthetic food dyes on consumers, specifically children, has come under greater public scrutiny. Proponents of a ban cite a growing number of studies on the potential harm of synthetic dyes on children, including an April 2021 study by the California Environmental Protection Agency on their impact on children’s neurobehavior which prompted a 2022 NIH study. In the announcement, FDA Commissioner Marty Makary cited the “epidemic of childhood diabetes, obesity, depression, and ADHD” as cause for concern and the need for further government-led research.
This announcement will also affect state-level actions on artificial dyes. In 2023, California passed the California Food Safety Act, outlawing the sale of products containing four chemical additives, including Red No. 3, with further action since then; the act will come into effect in 2027. Last month, West Virginia passed legislation banning the use of seven commonly used food dyes from use in school lunches by August 2025 and banning the sale of food products containing these dyes by January 2028. In total, at least 26 states have introduced or enacted legislation curtailing the use of artificial food dyes.
Secretary Kennedy also shared the Administration’s desire to encourage the replacement of synthetic food dyes with natural alternatives. Under current FDA regulations, color additives derived from plant or mineral sources are exempt from the required certification process and must comply with identity and purity specifications. The FDA announced Calcium phosphate, Galdieria extract blue, gardenia blue, butterfly pea flower extract, and “other natural alternatives to synthetic food dyes” as natural additives for which FDA will fast-track review.

Secretary Kennedy suggested that action on these dyes were just the beginning of efforts to address chronic diseases linked to the national food supply and that the Administration would move to “get rid of every ingredient and additive in food that we can legally address."

Policy Alert: Phaseout of Petroleum-Based Synthetic Food Dyes

April 24, 2025

Action: US Department of Health and Human Services (HHS) announcement

Key Insights

The announcement relies on voluntary phaseouts in partnership with industry rather than an outright ban. However, the Administration has not announced which industry partners they are working with, leaving the extent of the voluntary commitments unclear. Secretary Kennedy met with key food industry leaders in March, emphasizing his intent to remove artificial dyes. While the food industry has been reluctant to phase out artificial dyes, companies and associations have begun taking action. The Administration also intends to issue further guidance and “regulatory flexibilities to industries.”

Petroleum-based synthetic dyes play a significant role in the national food supply, artificially coloring food and beverages such as cereal and sports drinks. Historically, the FDA has assessed that color additives, including approved petroleum-based synthetic dyes, are safe when used properly and in accordance with FDA regulations.

However, the announcement comes as the impact of synthetic food dyes on consumers, specifically children, has come under greater public scrutiny. Proponents of a ban cite a growing number of studies on the potential harm of synthetic dyes on children, including an April 2021 study by the California Environmental Protection Agency on their impact on children’s neurobehavior which prompted a 2022 NIH study. In the announcement, FDA Commissioner Marty Makary cited the “epidemic of childhood diabetes, obesity, depression, and ADHD” as cause for concern and the need for further government-led research.

This announcement will also affect state-level actions on artificial dyes. In 2023, California passed the California Food Safety Act, outlawing the sale of products containing four chemical additives, including Red No. 3, with further action since then; the act will come into effect in 2027. Last month, West Virginia passed legislation banning the use of seven commonly used food dyes from use in school lunches by August 2025 and banning the sale of food products containing these dyes by January 2028. In total, at least 26 states have introduced or enacted legislation curtailing the use of artificial food dyes.

Secretary Kennedy also shared the Administration’s desire to encourage the replacement of synthetic food dyes with natural alternatives. Under current FDA regulations, color additives derived from plant or mineral sources are exempt from the required certification process and must comply with identity and purity specifications. The FDA announced Calcium phosphate, Galdieria extract blue, gardenia blue, butterfly pea flower extract, and “other natural alternatives to synthetic food dyes” as natural additives for which FDA will fast-track review.

Secretary Kennedy suggested that action on these dyes were just the beginning of efforts to address chronic diseases linked to the national food supply and that the Administration would move to “get rid of every ingredient and additive in food that we can legally address."

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