On February 5, 2026, the U.S. Food and Drug Administration (FDA) took a few additional actions to support the removal of petroleum-based color additives from the U.S. food supply:
- FDA announced in a letter to industry that companies can now make “no artificial colors” claims for products that do not contain FD&C Act certified colors (i.e., those color additives listed in 21 C.F.R. Part 74). Previously, FDA did not allow such claims for products that contained any color additive, regardless of whether the colors were derived from natural sources.
- FDA approved beetroot red as a new color additive and expanded the approved uses of spirulina extract (an existing color additive derived from a natural source). The approvals were initiated in response to two petitions submitted by industry and bring the total number of new food color options authorized under the current administration to six.
These actions are the most recent steps in FDA’s efforts to encourage the food industry to transition from synthetic color additives to those that are naturally derived, including the agency’s initial announcement of its comprehensive plan to phase out synthetic color additives, described in our April 2025 alert, and FDA’s approval of Gardenia (Genipin) Blue and push for expedited removal of FD&C Red No. 3, described in our July 2025 alert.
Agency leadership highlighted these actions as a key part of a broader effort to encourage voluntary industry transition. HHS Secretary Robert F. Kennedy Jr. stated, “We are making it easier for companies to move away from petroleum-based synthetic colors and adopt safer, naturally derived alternatives,” adding that “[t]his momentum advances our broader effort to help Americans eat real food and Make America Healthy Again.”
FDA Commissioner Makary acknowledged “that calling colors derived from natural sources ‘artificial’ might be confusing for consumers and a hindrance for companies to explore alternative food coloring options,” noting that FDA is “taking away that hindrance and making it easier for companies to use these colors in the foods our families eat every day.” While FDA is exercising enforcement discretion for “no artificial colors” claims under the specific framework set forth in the letter to industry, companies should continue to consider whether such claims are truthful and adequately substantiated to help mitigate litigation and other risks.
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.
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