On February 5, 2026, the Food and Drug Administration (FDA) took another step to incentivize manufacturers to comply with the administration’s efforts to phase-out artificial petroleum-based color additives from the nation’s food supply.¹  

In a Letter to the Food Industry, the FDA announced that it intends to exercise enforcement discretion² as to section 403(a)(1) of the Federal Food, Drug, and Cosmetic (FD&C) Act, where a manufacturer uses certain voluntary labeling claims related to the lack of petroleum-based food dyes in foods intended for human consumption. 

Section 403(a)(1) of the FD&C Act states, in part, that a food shall be deemed to be misbranded if its labeling is false or misleading. 

As part of the Make America Healthy Again (MAHA) agenda, and to help industry leaders comply with directives related to the removal of FD&C certified food colors from the nation’s food supply, the FDA is changing how it plans to enforce voluntary food labeling claims related to artificial colors. 

The current definition of “artificial color” does not distinguish between colors derived from natural sources and other colors. Because of this, a product could be made using naturally-derived color additives, but could not be labeled as having “No artificial color.” For instance, previously, pink lemonade colored exclusively with natural beet juice could not be marketed as being made without artificial colors. The FDA recognizes that this may create challenges to transitioning away from petroleum-based color additives.

Under the new policy, the FDA does not intend to take enforcement action against a firm if it makes one of the following voluntary labeling claims on foods intended for human consumption that do not contain any colors listed in 21 CFR part 74:

• Made without artificial food colors/colorings
• No artificial color/colors/coloring 
• No added artificial color/colors/coloring 

Previously, such labeling could only be used when a product contained no added color of any kind. Now, manufacturers may use the three “no artificial colors” statements in their products labeling, as long as the product does not contain any FD&C certified color additives. 

Additionally, the FDA approved a new color additive, beetroot red, and expanded the use of a previously approved additive, spirulina extract. This brings the total number of natural color additives approved by the current administration up to six. 

Key Takeaways

• The FDA intends to use its enforcement discretion related to the voluntary labeling of certain food products as containing “no artificial colors” (as above), as long as the product does not contain any FD&C Act certified color additives. 
• The FDA approved a new natural color additive — beetroot red — and expanded the use of spirulina extract. 

We are continuing to monitor updates and developments in this area. If you have questions related to the FDA’s enforcement discretion over “no artificial color” labeling claims or its phase-out/ban of petroleum-based food dyes, please contact the authors, Orla Thompson and Kayla Rubin.