Only weeks after being confirmed, the Department of Health and Human Services (HHS) secretary has advised food companies to remove artificial colors from their food products.
He recently met with several major food brand CEOs, informing them that they have until the end of his term to remove artificial colors from their food products. The secretary stated that he is giving food companies time to voluntarily find solutions but made it that he will take unspecified action should food companies not be proactive. This could mean regulatory, legal, or commercial actions, including potentially not allowing government purchase of foods containing artificial colors. States could fall in line quickly also.
The secretary’s call to remove all artificial colors comes shortly after the Food and Drug Administration (FDA) issued an order revoking authorization of using FD&C Red No. 3 in food and ingested drugs, after studies confirmed that the dye causes cancer in male rats.
FDA exercised its authority under the Delaney Clause of the Federal Food, Drug, and Cosmetic Act, which prohibits FDA from authorizing the use of any carcinogenic additive. The secretary may direct FDA to ban other additives under the Delaney clause, if studies reveal carcinogenic effects in humans or animals, or to review their general safety. Unlike general food ingredients, color additives must be preapproved and have a higher burden of demonstrating safety at their intended use levels. Consequently, FDA has more regulatory flexibility to quickly ban or limit the use of color additives.
Removing artificial colors from food products and dietary supplements appears to be a bipartisan issue, as many states have either enacted laws or introduced bills prohibiting the use of popular color additives. California became the first US state to pass laws banning several artificial dyes, including Red No. 3, as early as 2023. West Virginia has since passed a law banning all synthetic dyes in food earlier this month. Other states, including New York and Oklahoma, are actively pursuing similar legislation.
Industry Implications
While industry has at least two years for the existing state and federal bans to take effect, food and dietary supplement companies must immediately start considering how to remove artificial colors from their products. This is easier said than done.
The effect on the food manufacturing and marketing industry will be dramatic. The sheer number of food products with artificial colors is massive, and the amount of time and cost of reformulating, let alone the food science expertise required, will be substantial and take years. Substitution of natural colors for synthetic colors will be difficult from a supply and cost perspective, so there will be short-term challenges in the supply chain. Obtaining natural colors from foreign markets creates new regulatory and quality issues for food formulators. Using any color additive that is prohibited at either the state or local level will render products adulterated, creating legal enforcement and commercial liability issues with customers and consumers.
Whether food companies will be able to sell cheese flavored snacks that are not orange or cereals that are not rainbow colored is a question that will challenge food marketing experts.
Takeaways
- Artificial food colors may soon be extinct in the US food supply.
- Food companies will be hard pressed to quickly reformulate, repackage, and rebrand foods to meet consumer expectations.
- Natural colors’ limited availability and higher cost will increase the overall cost of foods.