HHS and FDA Launch Plan to Eliminate Petroleum-Based Food Dyes in U.S. Products

HHS Secretary Robert F. Kennedy Jr. and FDA Administrator Marty Makary, MD, MPH, announced steps the FDA is taking to transition away from synthetic petroleum-based food dyes, which aligns with European countries. Secretary Kennedy talked about the negative health effects associated with these food dyes and vowed to make changes as part of his role in the administration.

The FDA will establish a “national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives.” While some reports have called the FDA’s announcement a ban on petroleum-based food dyes, the current trajectory includes a transition period to allow companies an opportunity to reformulate their products for the American market.

“For too long, some food producers have been feeding Americans petroleum-based chemicals without their knowledge or consent,” Kennedy said. “These poisonous compounds offer no nutritional benefit and pose real, measurable dangers to our children’s health and development. That era is coming to an end. We’re restoring gold-standard science, applying common sense, and beginning to earn back the public’s trust. And we’re doing it by working with industry to get these toxic dyes out of the foods our families eat every day.”

The FDA will initiate the process to revoke authorization for Citrus Red No. 2 and Orange B “within the coming months.”

The press release statement said the agency will work with industry to “eliminate six remaining synthetic dyes” by the end of 2026. These dyes are 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.

As part of this process, the FDA is fast-tracking the approval of natural food dyes, including calcium phosphate, Galdieria extract blue, gardenia blue, and butterfly pea flower extract. The press release states that the FDA will authorize four new natural color additives “in the coming weeks,” but these specific additives were not mentioned.

As part of these actions, the NIH will conduct “comprehensive research on how food additives impact children’s health and development.” The FDA will also request that companies remove FD&C Red No. 3 earlier than the 2027-2028 deadline that was imposed when the FDA banned the ingredient in January. 

“Today, the FDA is asking food companies to substitute petrochemical dyes with natural ingredients for American children as they already do in Europe and Canada,” Makary said. “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.”

This announcement reflects a desire to encourage companies to act voluntarily so that an act of Congress is not necessary. Some states have moved to create their own laws to ban specific food dyes, and food manufacturers have stated that it would be difficult to coordinate with a patchwork of different state laws across the country.

The Consumer Brands Association (CBA) represents Coca-Cola, Kellogg, Nestle, Pepsi, and many other large corporations. The CBA President and CEO Melissa Hockstad issued a statement that denies any negative health effects from the petroleum-based food dyes and didn’t indicate a willingness to work with the FDA to remove the dyes willingly.

“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,” Hockstad said. “Removing these safe ingredients does not change the consumer packaged goods industry’s commitment to providing safe, affordable and convenient product choices to consumers.”

ABC News reported that they obtained a memo from a meeting last month between Secretary Kennedy, Administrator Makary, and the large food corporations. According to the report, the CBA indicated its willingness to voluntarily remove food dyes by the end of the Trump administration’s four-year term. There is no enforcement mechanism laid out by HHS and the FDA if food manufacturers don’t willingly remove the artificial dyes by the end of 2026.

“There’s no need to have a regulation or a statute when companies are volunteering to do it,” Makary told ABC News. “We are going to use every tool in the toolbox to make sure this gets done to the best of our abilities.”

West Virginia has a food dye ban in school lunches that was signed into law last month. The regulation goes into effect in August. California has also passed a law that bans some food dyes from school lunches. Companies have agreed to prioritize the removal of artificial food dyes for school lunches sooner rather than later.

The industry is showing some willingness to work with HHS and the FDA, but without a specific enforcement mechanism, it is unclear when the products will be reformulated to remove the petroleum-based food dyes.

There are studies regarding the various food dyes linking them to ADHD behavior in children, DNA damage, cancer, tumors, and a host of other issues. FD&C Green No. 3, Citrus Red No. 2, and Orange B are already completely banned in Europe while FD&C Red No. 3 is banned in all products except for certain cherry products.

FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6 require a warning label in Europe that states, “May have an adverse effect on activity and attention in children.”

While there is no enforcement mechanism to ensure food manufacturers comply with the deadlines enacted by HHS and the FDA, Makary, and Kennedy, believe the companies will make the change to fulfill consumer demand. Kennedy has talked about the negative health effects of seed oils and several large restaurant chains have committed to switching to beef tallow, including Steak N’ Shake, Buffalo Wild Wings, Popeyes, and Outback Steakhouse.