- The U.S. Food and Drug Administration (FDA) is considering three new color additive petitions seeking expanded or new uses for non-certified color additives. Specifically, the petitions seek the following:
- Approval for safflower extract in foods at levels consistent with good manufacturing practices (GMP);
- Expanded uses for gardenia blue in foods at levels consistent with GMP; and
- Revision to the color additive regulations to allow acetone as a solvent in the production of carrot oil. (Carrot oil is already exempt from certification as a color additive and may be used in foods at levels consistent with GMP).
- The petitions follow FDA’s announcement last year that it intended to collaborate with industry stakeholders to phase out the use of certified color additives, which FDA refers to in the announcement as “petroleum-based synthetic food dyes”. The 2026 Deliverables for the Human Foods Program also emphasized FDA’s prioritization of shifting from “petroleum-based food dyes to natural alternatives.” Many food manufacturers have already voluntarily removed certain certified colors from their formulas.
- As we have previously reported, states have also independently proposed or passed legislation to prohibit certain color additives and food additives from food, though many of the bills are being challenged in court.
- Keller and Heckman will continue to monitor developments related to the authorization or revocation of color additives.