From AFOA General Counsel, Olsson Frank Weeda:
On Friday, May 9, the U.S. Food and Drug Administration (FDA) released three pre-published Final Amendments/Orders (Amendments) that carry out, in part, FDA’s Commitment outlined in in its April 22, 2025, announcement to “Phase Out Petroleum-Based Synthetic Dyes in the Nation’s Food Supply” (Announcement). The following Notices amend the listing of three (3) non-synthetic color additives by expanding their permitted use in food, respectively:
- Butterfly Pea Flower Extract (here): FDA is amending the color additive regulations to provide for the expanded safe use of butterfly pea flower extract as a color additive in ready-to-eat cereals, crackers, snack mixes, hard pretzels, plain potato chips (restructured or baked), and plain corn chips, tortilla chips, and multigrain chips at levels consistent with good manufacturing practice (GMP).
- Calcium Phosphate (here): FDA is amending the color additive regulations to provide for the safe use of calcium phosphate as a color additive in ready-to-eat chicken products, white candy melts, doughnut sugar, and sugar for coated candies.
- Galdieria Extract Blue (here): FDA is amending the color additive regulations to provide for the safe use of galdieria extract blue, derived from unicellular red algae (Galdieria sulphuraria), in various food categories at levels consistent with GMP.
The Amendments are being made by the agency in response to various Color Additive Petitions. Per FDA’s Announcement, the agency “fast-tracked” the review of these petitions, clearly to provide industry with alternative color options in light of its request to remove synthetic colors from the food.
These Amendments are effective 30 days from publication (scheduled to publish May 12, 2025). Objections may also be filed within 30 days of publication; however, we do not anticipate objections.
We hope this update is useful. We will provide timely updates on FDA policy to phase out petroleum-based synthetic dyes from the nation’s food supply. In the meantime, do not hesitate to contact us with questions or concerns.