WASHINGTON — Several food industry groups expressed a desire to work with the US Food and Drug Administration to phase out the use of petroleum-based synthetic dyes in foods and beverages, noting that the FDA seeks to end the use of the dyes without using a mandate.
“As we increase the use of alternative ingredients, food and beverage companies will not sacrifice science or the safety of our products,” said Melissa Hockstad, president and chief executive officer of the Consumer Brands Association, Arlington, Va. “Earlier this year, we urged HHS (the US Department of Health and Human Services) and FDA to follow the same rigor, and we encourage the administration to prioritize research that is objective, peer-reviewed and relevant to human health and safety.
“Consumer Brands has long asked HHS and FDA to reestablish 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.”
The FDA announced in an April 22 news conference that it will establish a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives. The agency has begun the process to revoke authorization for two synthetic food colorings — Citrus Red No. 2 and Orange B — and aims to eliminate the six remaining synthetic dyes from the food supply by the end of next year. Five of the dyes are Green No. 3, Red No. 40, Yellow No. 5 and No. 6, and Blue No. 1 and No. 2. An FDA law on the other dye, Red No. 3, was issued in January, mandating that the synthetic dye be out of foods and beverages in the United States by 2027, with the FDA now encouraging industry to eliminated Red No. 3 by the end of 2026.
Are The Dyes Harmful?
Scientific studies have raised concerns about links between synthetic dyes and problems such as attention deficit disorder, obesity, diabetes and allergic reactions, said Marty A. Makary, MD, commissioner of the FDA, which is part of the HHS.
“For the last 50 years, American children have been increasingly living in a toxic soup of synthetic chemicals,” Makary said.
Hockstad stood up for the safety of food and beverages currently on the market.
Melissa Hockstad, president and chief executive officer of the Consumer Brands Association.| Source: American Cleaning Institute
“The ingredients used in America’s food supply have been rigorously studied following an objective science- and risk-based evaluation process and have been demonstrated to be safe,” she said. “Removing these safe ingredients (synthetic dyes) does not change the consumer packaged goods industry’s commitment to providing safe, affordable and convenient product choices to consumers.”
The Washington-based Center for Science in the Public Interest was a leader in a petition that led the FDA to ban Red No. 3. The CSPI noted that the FDA in its April 22 press conference did not issue a ban on the other dyes.
“We are told that the administration has an unspecified ‘understanding’ with some unspecified fraction of the food industry to eliminate dyes,” said Peter Lurie, PhD, president of the CSPI. “We wish Kennedy and Makary well getting these unnecessary and harmful dyes out of the food supply and hope they succeed, but history tells us that relying on voluntary food industry compliance has all-too-often proven to be a fool’s errand.”
Other Industry Groups Respond
The American Bakers Association and the National Confectioners Association said they planned to work with the administration on phasing out the dyes.
“We recognize that the phase-out for most of the color additives will be voluntary,” the ABA said.
The Washington-based International Dairy Foods Association on April 22 introduced a “healthy dairy in schools commitment,” a voluntary pledge to eliminate the use of certified artificial colors in milk, cheese and yogurt products sold to schools from kindergarten through 12th grade for the National School Lunch and Breakfast Programs. The goal is to eliminate the use of Red No. 3 and No. 40, Blue No. 1 and No. 2, Yellow No. 5 and No. 6, and Green No.3 from the products by the start of the 2026-27 school year. The “vast majority” of dairy products sold to schools already do not contain any certified artificial colors, according to the IDFA.
“As we move forward, we are going to work with the industry,” said Robert F. Kennedy, Jr., secretary of the HHS. “They have shown a lot of leadership on this right now. In fact, we’re getting food companies, and fast-food companies, that are calling us almost every day. They ask us, ‘How do you do this. What do you want us to do? Will you do a press conference with us?’”
