News

FDA broadens scope for ‘no artificial colours’ claim

US food brands can now make a “no artificial colours” claim when using petroleum-free colours – even if the colourings they do use are manufactured synthetically.

The US Food and Drug Administration (FDA) sent a letter to industry detailing its decision to broaden the scope for the claim and relax restrictions around the voluntary label “no artificial colours” on food products.

Under the new “enforcement discretion”, companies can now claim products contain “no artificial colours” when the products are free from petroleum-based colours. In the past, companies were only able to make such claims when products contained no added colours whatsoever – natural or otherwise – because all forms of colourings were considered artificial.

However, some stakeholders – such as the non-profit, Center for Science in the Public Interest (CSPI) has said the regulatory change will “muddy the waters” and mislead consumers.

A transition to naturally-derived colours

The FDA said the aim is to encourage the phase-out of petroleum-based colours in food products and “support the transition” towards alternatives derived from natural sources. The agency said its goal is to continue working with industry to eliminate six remaining synthetic dyes from the food supply by the end of this year, regulated under the Federal Food, Drug and Cosmetic Act (FD&C): Green No.3, Red No.40, Yellow No.5, Yellow No.6, Blue No.1 and Blue No.2.

Alongside the label update, the agency also fast-tracked the approval of several naturally derived alternative colours, including a blue extract from Galdieria red algae; a blue-purple-green colour derived from the butterfly pea flower plant; and white colour from calcium phosphate.

The moves form part of the FDA's wider initiative “Make America Healthy Again”.

Misleading for consumers?

Speaking to Ingredients Network, Sarah Sorscher, director of regulatory affairs at the Center for Science in the Public Interest (CSPI), said the FDA move to expand the scope for this one particular “no artificial colours” claim would probably not make a difference for companies considering removing synthetic dyes.

“If anything, the move by FDA, which was unexpected and made without the public comment typically required for regulatory changes, will muddy the waters by allowing ‘no artificial colours’ claims too broadly on any ‘non-certified’ colour additive,” she said. “Products that can now make this claim include titanium dioxide, a colouring that has been banned in Europe due to health concerns. Titanium dioxide also can be manufactured synthetically, making it ‘artificial’ in pretty much any way a consumer might imagine the definition of this term.

“Ironically, the ‘no artificial colours’ claim can now even technically be made on foods that claim ‘artificial colours’ as an ingredient! Overall, the FDA’s poorly-planned approach is now more confusing than ever before and could potentially lead to misleading labelling for consumers.”

Consumer Brands Association welcomes the change

The FDA emphasised that amidst these changes, all other legal requirements must be followed by industry, including pre-approval for naturally-derived colours via the FDA's colour additive petition process and restrictions on misleading or false labels.

The US Consumer Brands Association welcomed the new approach, particularly the fast-track approval of new alternative colour options.

“In order to continue delivering affordable, convenient and safe products to consumers, manufacturers need increased access to natural colour alternatives,” said Sarah Gallo, senior vice president of Consumer Brands Association.