Health and Human Services Secretary Targets Artificial Dyes in Fo

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RFK Jr. Pushes to Ban Synthetic Dyes in Food

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Thursday, March 20, 2025

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On March 10, 2025, the Secretary of the Department of Health and Human Services (HHS), Robert F. Kennedy Jr., met with executives at major companies across the food and beverage industry, including PepsiCo, General Mills, and others. He informed industry leaders that eliminating artificial dyes is going to be a top priority for the Secretary. Kennedy also expressed his desire to collaborate with industry but made it clear that he intends to act unless the industry proactively offers solutions.
The movement to ban synthetic dyes has recently gained momentum, with California and FDA banning FD&C Red No. 3 as we previously blogged, as well and several states moving to ban foods that contain artificial dyes from school lunches.
The public discussion regarding food colors has grossly misstated differences in the regulation of synthetic dyes in food, with critiques often pointing to the EU or Canadian markets as examples of regions that are more restrictive with food color regulation.
However – there are current 15 synthetic dyes approved in the European Union, 10 in Canada, and only 9 approved in the U.S.
Additionally, all food colors in the U.S. must submit a Color Additive Petition to FDA.
While the EU and Canada have premarket requirements for many food colors, naturally derived concentrates and extracts in many cases are exempt from mandatory pre-market review in Canada.
In the EU, ingredients that are derived from edible sources and are used because of their coloring properties are defined as “coloring foods,” which are not subject to a European Food Safety Authority (EFSA) evaluation prior to use and are not assigned an E number.
Keller and Heckman will continue to monitor the development of the new administration’s policy priorities and actions related to synthetic dyes and other food additives.