FDA’s Latest Nudge to Phase Out Petroleum-Derived Color Additives

As we previously reported, HHS Secretary Robert F. Kennedy, Jr. and FDA have highlighted the removal of petroleum-based synthetic dyes which remain approved for use in food as a focus of the MAHA campaign. These dyes include FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2. Rather than rescinding the approvals for these petroleum-based synthetic dyes, a process that would involve time-consuming rulemaking and would require evidence that these color additives are unsafe, the Secretary and FDA have taken actions to “encourage” industry to voluntarily remove them from food products.

To facilitate removal of petroleum-derived colors from food, FDA has accelerated the review and approval of color additives that can replace them. As we previously reported, in 2025, FDA approved four color additives. On February 5, 2026, FDA announced two additional color options. It approved a new color additive, beetroot red, and expanded the uses for the color additive spirulina.

Beetroot red is a new color additive prepared by fermentation of a yeast strain which is genetically engineered to express genes involved in the synthesis of betanin, imparting a reddish-purple color. FDA approved beetroot red for use in foods in general, except infant formula, foods for which standards of identity have been issued, and certain foods subject to regulation by the USDA. FDA expanded the approval of spirulina extract to provide for the use as color in all foods, except infant formula and certain foods subject to regulation by the USDA.

Replacing petroleum-derived colors with “nature-derived” colors appears complicated as “nature-derived” colors do not have the same color, are more sensitive to such things as acidity, and other characteristics in the food. Consequently, replacing petroleum-derived colors with “nature-derived” colors often involves reformulation and (extensive) testing. To further incentivize industry to move away from petroleum-derived color additives, FDA announced that it will exercise enforcement discretion regarding the claim “no artificial colors” on foods that are colored with color additives that are not derived from petroleum.

As mentioned in a previous post, FDA has long claimed that there is no such thing as a natural color, as any color additive is artificial. Thus, industry cannot market products without petroleum-derived colors with a “no artificial colors” claim; such claim would be appropriate only on foods without any color additives. In a letter to industry, FDA announced that it does not “intend to take enforcement action against a firm under [the misbranding] section 403(a)(1) of the FD&C Act” that would make a claim “no artificial food color” or similarly worded claims for foods that do not contain any FD&C color listed in 21 C.F.R. part 74.

What does this mean for industry? It is important to recognize that FDA did not say that the use of the claim “no artificial color” on a food colored without FD&C color does not constitute misbranding under 403(a)(1). Rather, the Agency said that although the claim on a food that contains an added nature-derived color constitutes misbranding, FDA will not take enforcement action against such misbranding. It remains to be seen if FDA’s enforcement discretion is of much benefit in other context such as in private actions related to misbranding.

In another letter to industry, FDA reminds manufacturers of nature-derived colors of their obligation to make sure that their products comply with identity and purity requirements of the color. For the certified petroleum derived colors, FDA performs testing for impurities and purity to ensure that each batch is safe for human consumption.

HPM will be monitoring further developments.