Food companies are hearing a lot about synthetic dyes right now, from FDA, from state legislatures and from their own customers. Some of it is law. Some of it is a goal. When you are deciding what to reformulate and how fast, it helps to keep the two apart.
What is binding
FD&C Red No. 3 is the one with a hard federal deadline. FDA revoked its authorization for food in January 2025, and foods containing it must be reformulated by January 15, 2027. FDA has also finalized the revocation of Orange B and has proposed revoking Citrus Red No. 2.
States are setting their own dates. California, for example, bars Red No. 3 in food sold in the state beginning January 1, 2027, and several states have already restricted synthetic dyes in school food.
What is not binding, at least not yet
The dyes most products actually use, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2 and Green No. 3, remain approved. FDA has not proposed a rule to revoke them. Instead it is working with manufacturers, retailers and trade groups to phase them out, and its stated target is now the end of 2027. The agency keeps a public tracker of company pledges.
A voluntary target can still have real consequences. Large brands have announced their own removal dates, school food buyers are moving, and a supplier that can't offer a dye-free version may find that customers stop asking.
A wider door for "no artificial colors"
In February 2026, FDA told industry it would not object to a "no artificial colors" claim on a product that has no petroleum-based colors, even if it is colored with something like beetroot red or spirulina extract. Until then, FDA's view was that almost any added color ruled the claim out.
Two cautions before you change a label. First, this is enforcement discretion announced in a letter, not a regulation, so it can be withdrawn. Second, it does not bind private plaintiffs. Consumer class actions over "natural" and "no artificial" claims remain common, and a claim FDA is willing to tolerate can still be attacked under state consumer protection laws. The natural colors themselves also have to meet FDA's identity and purity requirements.
How MDRXLaw can help
We advise food manufacturers, distributors and importers on reformulation timing, label claims and supplier specifications, and we defend companies in label-claim lawsuits and regulatory inquiries. If you are changing colors or labels in the coming year, contact us at info@mdrxlaw.com or 212-668-0222.
Sources: FDA, Tracking Food Industry Pledges to Remove Petroleum-Based Food Dyes; FDA, FDA Takes New Approach to "No Artificial Colors" Claims. This alert is for general information and is not legal advice.
