Kennedy's FDA softens food additive regulations amid artificial color crackdown

The Food and Drug Administration (FDA) announced Thursday it will not enforce federal regulations regarding “false or misleading” material on food labeling in regard to artificial food dyes, giving manufacturers the freedom to label their products as being artificial food dye-free even if they may still technically contain such additives.

Under the FDA’s definition, any color additives, whether they’re derived from artificial or natural sources, are labeled as “artificial color.” These apply to color additives derived from a “vegetable, animal, mineral, or other source.”

These regulations have blocked food companies from claiming their products contain no artificial dyes if they have any colorants derived from sources like beets.

In a letter published Thursday, FDA Commissioner Marty Makary and Deputy Commissioner for Human Foods Kyle A. Diamantas said the agency would be practicing enforcement discretion and not penalizing companies who label their products with “no artificial color/colors/coloring” even if they still contain additives that fall under that federal definition.

“FDA expects manufacturers to comply with all other existing legal requirements.6 Our flexibilities on the use of the term ‘artificial’ when describing the source of colors in the statement of ingredients remain in effect,” the letter read.

They specified this enforcement discretion would not extend to products still containing petroleum-based color additives.

In April of last year, Health and Human Services Secretary Robert F. Kennedy Jr. unveiled plans to phase out petroleum-based dyes, claiming these additives were responsible for a host of health issues among children.

This initiative, however, is completely voluntary on the part of food companies.

“This is real progress,” Kennedy said. “We are making it easier for companies to move away from petroleum-based synthetic colors and adopt safer, naturally derived alternatives. This momentum advances our broader effort to help Americans eat real food and Make America Healthy Again.”