The U.S. Food and Drug Administration (FDA) has announced a series of regulatory policy changes that significantly tighten oversight of petroleum‑based synthetic food dyes while expanding manufacturers’ flexibility to market products as “no artificial colors,” provided those colors are not petroleum derived. The move reflects a broader initiative by the Department of Health and Human Services (HHS) and the FDA to phase out artificial petroleum‑based color additives from the U.S. food supply, with a focus on commonly used dyes such as FD&C Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3.

What Has Changed for Manufacturers?
On February 5, 2026, the FDA issued a letter outlining new enforcement discretion regarding “no artificial colors” labeling claims. Under the updated policy, companies may now state that products contain “no artificial colors” as long as the product does not contain petroleum‑based synthetic dyes, even if it uses FDA‑approved, non‑petroleum-based color additives derived from natural sources. This departs from prior practice, under which a “no artificial colors” claim generally required that the product contain no added color at all, regardless of source.

Recognizing that reformulation can be complex, the FDA is exercising enforcement discretion under Section 403(a)(1) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), allowing manufacturers to continue using currently authorized color additives, provided they meet the new petroleum‑based criteria for the label claim. The agency is also fast‑tracking review of additional naturally derived color petitions, including expanded uses of beet‑based reds and spirulina‑based blues and greens, to provide manufacturers with practical alternatives.

Phase‑Out Timeline and Targeted Dyes
In April 2025, the HHS and FDA announced a national initiative to phase out petroleum‑based synthetic dyes from the U.S. food supply, including a targeted push to eliminate six core certified additives by the end of 2027, namely, FD&C Green No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, and Blue No. 2. The FDA has also initiated steps to revoke authorizations for two synthetic dyes, Citrus Red No. 2 and Orange B, and has asked companies to remove FD&C Red No. 3 ahead of the prior 2027–2028 deadline.

The FDA is publicly tracking industry commitments through its “Tracking Food Industry Pledges to Remove Petroleum‑Based Food Dyes” portal, which catalogs voluntary timelines and benchmarks manufacturers have set for reformulating products and removing petroleum‑based colors, including those used in school meal programs and major retail brands.

Practical Implications for Food Companies and Manufacturers
For food, beverage, and dietary‑supplement manufacturers, these developments present both opportunities and risks:

• Labeling and marketing strategy. Companies may now use “no artificial colors” claims more liberally to highlight the absence of petroleum‑based dyes, but must ensure that the claim remains truthful and not misleading, particularly where alternative colorants could be scrutinized in future litigation or by state enforcement authorities.
• Supply‑chain and formulation planning. With an expected steady shrinkage of the approved petroleum‑based color additive options, manufacturers should evaluate current formulations and work with suppliers to secure “no petroleum‑based dye” color options and update technical documentation.
• State and private‑litigation risk. While the FDA moves to phase out petroleum-based dyes, its revised labeling approach may prompt some states and consumer protection advocates to increase scrutiny of “natural” and “clean label” claims, particularly where products rely on alternative color additives that could be challenged as artificial or misleading. This evolving regulatory landscape may trigger heightened state enforcement activity or private rights of action under consumer protection statutes.

Barley Snyder is actively monitoring the development of synthetic food‑dye and related consumer protection regulations across the nation. If you need assistance with the requirements under the new laws and guidance, please reach out to attorneys Jinnie Lee, Catherine Begley, Tim Dietrich or any member in Barley Snyder’s Food & Agribusiness Industry Group.