FDA Broadens Acceptance of ‘No Artificial Colors’ Claim To Spur Change

Last year was the stick, now comes the carrot: Today (Feb. 5), the FDA said it will use “enforcement discretion” to allow processors to use the claim “no artificial colors” on products as long as the seven petroleum-based color additives are not present.

The agency said it’s taking the step “to support the transition of our nation’s food supply from the use of artificial petroleum-based colors to alternatives derived from natural sources … In the past, companies were generally only able to make such claims when their products had no added color whatsoever — whether derived from natural sources or otherwise.”

Any added color ingredient not present in the natural state of the product — even if the additive was a natural ingredient — could not be called a naturally added color. So, beet juice added to beets would be acceptable; beet juice used to color strawberry ice cream would not be.

The agency sent a letter to industry providing notice of the FDA’s intent to exercise enforcement discretion related to these voluntary labeling claims.

We have a couple of concerns about all this, and we’ll report them later today when we get responses from attorneys on our Editorial Advisory Board. For now, we’ll stick to the FDA announcement.

Also today, the agency approved beetroot red, a new color option, and approved the expanded use of spirulina extract, an existing color additive derived from a natural source (algae).

“These actions [beetroot red and spirulina] were initiated by two petitions and will further help the industry transition from petroleum-based food colors,” FDA said. “This brings the total number of new food color options approved under the current administration to six.”

“This is real progress,” said Robert Kennedy, Health and Human Services secretary. “We are making it easier for companies to move away from petroleum-based synthetic colors and adopt safer, naturally derived alternatives. This momentum advances our broader effort to help Americans eat real food and Make America Healthy Again.”

FDA Commissioner Marty Makary added, “We acknowledge that calling colors derived from natural sources ‘artificial’ might be confusing for consumers and a hindrance for companies to explore alternative food coloring options. We’re taking away that hindrance and making it easier for companies to use these colors in the foods our families eat every day.”

This work builds on the April 2025 press conference in which HHS and FDA publicly challenged and “encouraged” companies to phase out the use of petroleum-based colors by the end of 2026. Red 3 already was earmarked for a ban, and the agencies asked for the voluntary removal of Blue 1&2, Green 3, Red 40 and Yellow 5&6. At the time, the agencies also promised faster approvals of natural color substitutes.

While there were no explicit penalties or enforcement actions in the April announcement, most food companies have pledged to remove them at some point, most – but not all – by the stated Dec. 31, 2026, deadline. Collectively, candy manufacturers have been the most resistant.