Whether or not science supports phasing out the six most common dyes by the end of 2026, as informally proposed by FDA, industry players will need to act fast to stay ahead of the bans and proactively counter eroding consumer confidence in products with bright colors.
FDA has not initiated a formal rulemaking to phase out Red 40, Yellow 5 and 6, Blue 1 and 2 and Green 3 by the end of the next year – instead preferring to operate on what it calls an “understanding” with industry stakeholders. The agency indicated a more formal deauthorization of little-used Citrus Red #2 and Orange B would come “within weeks,” as would an accelerated deadline to remove Red Dye 3 ahead of the previously set 2027-2028 deadline.
But rather than wait for a formal rulemaking, Michelle Briffett, a principal with the consultancy Roland Berger, recommends in this episode of FoodNavigator-USA’s Soup-To-Nuts podcast that food and beverage manufacturers proactively invest now in renovation and innovation and explore compliance strategies. She explains even if FDA’s efforts to ban synthetic dyes is challenged or delayed, many companies should consider removing the colors to assuage rising consumer concerns. She also notes companies could face several challenges, including increased competition for limited supplies of alternative dyes or reformulation complications related to differences in organoleptic or functional performance. Finally, she notes, even if FDA’s efforts fall apart or are delayed on legal grounds, companies still must navigate a rising number of state bans – some of which have even tighter deadlines.
Explore past episodes of Soup-To-Nuts podcast
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Catch up on past episodes of Soup-To-Nuts:
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- Danone seeks to rekindle consumers’ love of plant-based milk – Sales of plant-based milk have slowed in the past year, but Silk and So Delicious maker Danone still sees significant potential by focusing on fun in addition to function
California’s ban: The point of no return
While some consumer advocates and influencers began raising the alarm in the 1990s about a potential connection between artificial dyes and behavior or attention disorders in children, Briffett explains the first significant domino to drop in the movement was in 2023 when California set a deadline to ban several food additives from sale within its borders.
“Traditionally, states have really left the decision on what additives are safe in the hands of the FDA,” but “California was the first to start to look around and say the FDA was moving too slowly on some of these topics, and so it decided to ban some of these additives,” including brominated vegetable oil, potassium bromate, propyl paraben and Red Dye No. 3, said Briffett.
“About a year later, it passed the second legislation that banned some dyes in school setting,” she added.
“We have now seen this kind of effect really snowball across states,” with “more than 20 states that are in different stages of proposing legislation on different additives,” she said.
A new direction from HHS
With the change in the administration comes a change in how federal leadership is responding to actions at the state level.
Briffett explains that under the Biden administration, FDA was actively discouraging state bans and urging patience while it took a science-based, data-driven approach to review additives at the national level so as to avoid a complicated patchwork of legislation.
However, she adds, the Trump administration sees state bans as a more efficient route to removing ingredients from the food supply.
“The pathway for banning at the FDA level is more complex because it has to leave room for public comment. There is typically a hearing of the industry. It has to pursue a lot more scientific evidence in order to ban something,” and so “the leadership of the FDA and the Department of Health and Human Services wants to pursue these bans” because they do not have to follow the regulatory checks and balances, Briffett said.
A slippery slope?
As indicated by FDA’s working “understanding” with industry stakeholders, many companies are removing synthetic dyes and other additives called out by state legislators even though they may feel the bans are not supported by science and data.
Briffett explains this capitulation is the path of least resistance and one that aligns with consumer demands. But, she adds, a dangerous precedent could be set for banning other ingredients that could play a more significant role in formulations than dyes.
“When we have looked at what consumers are thinking about these regulations, whether that be in California, in West Virginia, et cetera, consumers generally support more food additive bans. I think there is general concern about food additives for health. People do not understand them. Things have scary sounding names. They want them out. So, I think, industry does need to be careful, because, especially in a world of social media activism, I think they need to be very thoughtful about not necessarily defending individual food additives, because it is a battle that they may very well lose,” said Briffett.
But, she added, if bans target more widely used ingredients that have a more significant impact on food safety and function, companies might want to take a different approach.
One option, is to explain in the ingredient deck why potentially unfamiliar sounding ingredients are included – so the benefits for consumers that they offer, such as enhancing freshness or safety.
Now is the time to act
As of April, 29 states have either passed or proposed state-specific bans against food products containing certain food additives and preservatives, and as Briffett noted California led the way with passage of legislation in October 2023 and September 2024, followed by passage of similar bans in March 2025 by Virginia, West Virginia and Utah.
Proposed bans have also passed in the house and senate of Arizona, Arkansas, Illinois, Maryland, Tennessee and Texas. In 19 other states, legislators have proposed bans, but not yet passed them in the house or senate.
While California was the first to limit the use of additives and dyes, its deadline for compliance – set for January 2027 – is one of the longest. Many other states set a deadline in 2027 – but some, including West Virginia, set extremely tight deadlines of later this year.
Briffett argues meeting these deadlines is feasible for many companies, but they should act now to ensure they are fully compliant in time and do not risk being replaced or losing market share.
She explained reformulating or innovating with natural dyes have many challenges compared to synthetic options, including potentially limited supply, inconsistent performance, higher quantities required for similar vibrancy and the potential for organoleptic or functional performance differences that may require additional ingredients and adjustments.
In addition, natural dyes often are more expensive, which could prompt companies to rethink their prices, Briffett added. On one hand, many consumers are price sensitive currently, but on the other hand research suggests shoppers are willing to pay more for natural products that they perceive as safer or healthier.
When shoring up supply chains for natural ingredients, Briffett recommends companies contract with multiple sources in different regions so they ensure not only sufficient supply but also the capability to blend inputs for consistent performance.
As for innovation, she also recommends companies look at actions taken in other countries that have already banned some of these ingredients – for example, what ingredient swaps were made, what products were discontinued, what kind of messaging to consumers did companies emphasize.
Finally, Briffett recommends companies consider collaboration rather than confrontation when it comes to innovating and renovating to meet consumer needs. This is particularly important because the specific ingredient bans moving through legislation currently likely are just the start.
For example, she said, not only could additional ingredients be targeted in the future, but so could processing techniques, which could have more significant business implications. In these cases, she advises, companies should refine storytelling techniques to explain how ingredients, processing or packing help consumers and either reinforce food safety, access or both.
Beyond synthetic dyes: What other changes may be on the horizon?
The state dye bans should not viewed as an isolated incident – but rather part of a larger movement and potential harbinger for the future of regulatory pathways that are foundational to innovation, according to Briffett.
This includes the GRAS process for determining if an ingredient is Generally Recognized As Safe, which HHS leadership has derisively called a loophole that it wants to close.
FoodNavigator-USA will continue to track the evolution of food safety standards – be it ingredient bans, the status of the GRAS process or the debate around ultra processing. To stay abreast of these topics, I encourage you to register for our daily newsletter, if you have not done so already. You can do that quickly – and for free – by visiting www.foodnavigator-usa.com and clicking on the orange register button in the upper right corner of the website.
