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HHS and FDA announce plan for industry to voluntarily phase out harmful synthetic dyes in food

CR applauds goal but cautions that multistep, voluntary process could be drawn out, encourages states to adopt bans while agencies work towards phase-out 

WASHINGTON DC – The Department of Health and Human Services and Food and Drug Administration announced a plan today to phase out eight petroleum-based dyes in food, which have been linked to several serious health problems. Under the plan, the agencies will rely primarily on food companies to voluntarily stop using most of the dyes.  HHS Secretary Kennedy indicated at a news conference that the plan is based on “an understanding” the agencies have worked out with industry. The plan is short on details on what action the agencies will take if food companies fail to remove the dyes by the end of 2026.

Consumer Reports, which has long advocated for eliminating harmful food dyes, said the goal is laudable, but the plan could take years to achieve and that states should continue to adopt their own bans to ensure consumers are protected. CR warned that recent staff and budget cuts at the agencies could undermine their ability to carry out this effort.

“It’s encouraging to see the FDA working towards a ban on synthetic food dyes, but this multistep plan relies on voluntary industry efforts that will simply prolong the amount of time it will take to get dangerous dyes out of our food,” said Brian Ronholm, director of food policy at Consumer Reports. “We need an enforceable ban on harmful synthetic food dyes. States should continue to act on legislation to remove toxic chemicals and dyes from food. Consumers shouldn’t have to wait and rely on this industry to act voluntarily after years of resistance.”

The dyes are found in thousands of food and drink products and are used to make them brightly colored and visually appealing. Earlier this year, West Virginia banned most artificial dyes from food and more than two dozen other states are considering similar bans on the food chemicals.

Ronholm continued, “Synthetic food dyes provide no nutritional benefit but pose neurological problems to some children. These dangerous dyes don’t belong in our food, especially since safer alternatives are readily available. Banning these dyes will protect the public and prompt manufacturers to switch to safer ingredients they already use in the products they sell in Europe and many countries.”

Consumption of synthetic food dyes have been linked to adverse neurobehavioral symptoms, such as inattention, impulsiveness and hyperactivity in certain children, particularly those at risk for attention deficit hyperactivity disorder (ADHD). California’s Office of Environmental Health Hazard Assessment (OEHHA) concluded in an April 2021 report that the scientific literature indicates that synthetic food dyes can impact neurobehavior in some children. The report also found that low-income families had higher intake of synthetic food dyes and that Black women and their children had significantly higher intake of synthetic food dyes compared to other groups.

CR has actively worked to support legislation in states around the country to ban synthetic food dyes and co-sponsored with EWG landmark bills in California to prohibit dangerous dyes and chemicals in food. In 2022, CR signed onto a petition to the FDA led by the Center for the Science in the Public Interest calling for a federal ban of Red Dye No. 3, which is a known carcinogen and has been linked to hyperactivity and other neurobehavioral effects in children.

After the FDA responded to the petition and announced a ban on the Red Dye No. 3 earlier this year, CR called on the agency to ban six other chemical dyes in food that are linked to a range of health problems – Red 40, Yellow 5 & 6, Blue 1 & 2, and Green 3 – and have gathered more than 60,000 petition signatures urging the agency to take action.

Media contact: Michael McCauley, michael.mccauley@consumer.org

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