The FDA announced last week that it’s changing its enforcement of regulations concerning food-dye claims on package labels. The agency said manufacturers will now have more “flexibility to claim products contain ‘no artificial colors,’” as long as they don’t use dyes that are petroleum-based.
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“Long-standing practice has been to require labeling when anything was added to a food to enhance or change its color, no matter the origin of that coloring material,” says Brendan Niemira, PhD, the chief science and technology officer at the nonprofit Institute of Food Technologists. “The FDA will now change how they enforce that requirement.”
The change means the FDA will “no longer challenge product labels” that state “no artificial colors,” as long as the product doesn’t contain certain additives, Dr. Niemira explains.
The FDA also said it approved a new food dye, beetroot red, and expanded the use of spirulina extract, which can give foods a blue-green hue. Both are derived from natural sources.
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What Does the Change Mean for Labeling Foods With Artificial Colors?
Until now, food labels could only claim “no artificial colors” if the item’s color came solely from the food itself, says Niemira.
The enforcement change means “color-altering materials” can be added to foods, and those foods can have a “no artificial colors label,” as long as they use dyes not listed in the federal Food, Drug, and Cosmetic Act, he explains.
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The FD&C Act outlines synthetically produced dyes that are FDA-certified additives for use in food. These include Blue No. 2, Green No. 3, and others.
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Dyes derived from natural sources, like vegetables, minerals, or animals, are considered exempt from certification. Examples include grape skin extract, caramel, annatto extract (a spice that gives a vibrant yellow hue), or beetroot. Products could now contain these food dyes and still claim “no artificial colors.”
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Both certified and exempt dyes must meet the same safety standard before being used in foods, according to the FDA.
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Under the recent enforcement changes, the FDA will not take action against companies using terms like “made without artificial colors” or “no artificial colors,” so long as synthetic dyes in the FD&C list aren’t used, says Joe Zagorski, PhD, a toxicologist and an assistant professor at the Center for Research on Ingredient Safety at Michigan State University in East Lansing.
The FDA didn’t specify when its enforcement practice change will take effect.
Are Naturally Derived Food Dyes Safer?
“Everything can be safe or toxic in the right amount; this is true for human-made or natural chemicals,” says Dr. Zagorski.
Naturally derived food dyes can come from a variety of sources, including vegetables, algae, fruits, or insects, Niemira says, but that doesn’t mean they’re risk-free.
“Some dyes have a higher rate of allergic responses in people,” Zagorski says. “Some have naturally higher levels of contaminants, such as heavy metals. It is not the source of the chemical that determines safety. It is a combination of chemistry and biology.”
Synthetic and natural food dyes “must be manufactured, transported, and used with the utmost attention to product safety,” Niemira says.
Along with its announcement of enforcement changes regarding food dyes, the FDA issued a letter reminding manufacturers that all authorized color additives must meet identity and purity specifications. In addition, color additive manufacturers are obligated to limit impurities, including “heavy metal contaminants, solvent residues, and microbial contaminants.”
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“As new food dyes are identified and offered as replacements for currently used food dyes and colorants, they must undergo the same rigorous safety evaluations,” Niemira says.
Are Natural Food Dyes Safer?
Research into the use and safety of naturally derived food dyes remains ongoing, Zagorski says. Of the evidence that currently exists, Niemira says “long-term studies are generally lacking on the health effects of naturally derived versus synthetic food dyes.”
Most food-dye safety concerns have focused on synthetic colors. The FDA banned red dye No. 3 last year, citing animal studies showing the dye may increase the risk of cancer. But the results haven’t been replicated in humans. Some have also suggested a link between food dyes and hyperactivity in children, which prompted California and several other states to ban certain food dyes.
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But Zagorski points out that switching to naturally derived dyes won’t make ultra-processed foods any healthier.
“A product that was low in nutritional density before alterations to the source of the food dye will continue to be low in nutritional density unless larger changes are made to the product,” Zagorski says.
Artificial dyes — whether natural or synthetic — are often associated with diets “rich in processed snacks, sugary beverages, fast foods and low in whole grains, fruits and vegetables,” as well as foods high in added sugar, according to the Academy of Nutrition and Dietetics.
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What Consumers Need to Know
You’ll have to read product labels more closely, Niemira says. Phrases like “made without artificial food colors” will have a new meaning.
Consumers concerned about food dyes will need to check ingredient lists for naturally derived color additives such as beetroot red, spirulina, annatto extract, or beta-carotene (a vegetable-derived pigment used to add an orange or red hue).
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“This change will mean that consumers who wish to be fully informed about how their food gets its color will have to pay extra attention to the fine print on the label where ingredients are listed,” Niemira says.
