Today, the Food and Drug Administration (FDA) announced that it approved three color additive petitions providing for new or expanded food uses of the following colors derived from “natural sources”: calcium phosphate, butterfly pea flower extract, and galdieria extract blue.[1]
This announcement follows on the heels of a press conference on April 22, 2025, during which FDA stated, among other things, that it would “fast-track” its review of four color additive petitions for “natural” food colors, including the three approved today, and similarly expedite its review of other “natural” colors as part of its efforts to phase out “petroleum-based synthetic dyes” from the nation’s food supply, as we previously reported. Notably, one of today’s approvals permits certain food uses of calcium phosphate, a white color that could serve as a potential alternative to titanium dioxide or TiO2, which has been approved by FDA for food and other uses but is currently under agency review pursuant to a 2023 petition[2] asking FDA to repeal its regulation permitting use of the color in foods.[3] The other approvals are for food uses of butterfly pea flower extract and galdieria extract blue, blue colors that could serve as potential alternatives to synthetic dyes FD&C Blue No. 1 and FD&C Blue No. 2.
In announcing its approval of the three color additive petitions, FDA reiterated its goal to remove synthetic, petroleum-based dyes from the U.S. food supply by the end of 2026. FDA’s press release notes that since the April 22nd press conference, “more U.S. food manufacturers have committed to removing [these dyes] within the FDA’s set time frame.” The press release also quotes FDA Commissioner Martin A. Makary, M.D., M.P.H. as stating: “FDA staff have been moving quickly to expedite the publication of these decisions, underscoring our serious intent to transition away from petroleum-based dyes in the food supply and provide new colors from natural sources.” While today’s approvals demonstrate FDA’s commitment to accelerate review of “natural” color additives, FDA has not yet issued guidance on its “fast-track” process, and the orders approving the three color additive petitions likewise do not address the factors that FDA considers in making “fast-track” approvals for “natural” color additives.
If you have any questions concerning the material discussed in this client alert, please contact the members of our Food, Beverage, and Dietary Supplements practice.
[1] FDA’s orders approving the color additive petitions are scheduled to be published in the Federal Register on May 12, 2025. In the meantime, unpublished versions of the orders can be found here, here, and here, for calcium phosphate, butterfly pea flower extract, and galdieria extract blue, respectively.
[2] FDA, Notification of petition, Filing of Color Additive Petition From Environmental Defense Fund, et al.; Request To Revoke Color Additive Listing for Use of Titanium Dioxide in Food, 88 FR 27818 (May 3, 2023).
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