- On March 25, 2026, FDA announced that it is delaying the effective date of the approval of color additive petitions for beetroot red and spirulina extract. The Agency previously announced its approval of the petitions on February 5, 2026, as we previously blogged.
- The delayed effective dates are in response to objections to the color additive petitions, which are permitted within 30 days of publication of an order relating to a color additive regulation. The announcement of the delay “does not reflect a change in [FDA’s] determination that there is a reasonable certainty of no harm” from the use of the color additives, nor does it “constitute a determination that all of the issues raised in the submission constitute objections or that a hearing is justified on any objections or requests for hearing that have been filed.
- The objection to the beetroot red rule was filed by GMO/Toxin Free USA, stating that the color additive is genetically engineered and synthetically produced and should thus be prohibited from being labeled as “natural” and citing an alleged lack of proof of safety of the color additive. The objection to the spirulina extract rule was filed by Obelisk Tech Systems Inc., stating that the rule is arbitrary and capricious and that FDA failed to meet several regulatory requirements in promulgating the rule.
- FDA will address the objections to the two color additive rules in a future document. Keller and Heckman will monitor the objections, as well as other developments related to color additives for use in food.