Outlawing food additives: Robert F. Kennedy Jr. presses industry to cut synthetic colors or face a ban

US Secretary of Health and Human Services Robert F. Kennedy Jr. is ramping up pressure on food companies to ban certain color additives amid growing health concerns. RFK Jr. has been in talks with industry stakeholders this week, pushing for them to take a proactive approach to some artificial food additives; otherwise, the US government will intervene and force a ban.

The discussions come as several US states make moves to ban common food dyes, citing health risks, and closely follow the US Food and Drug Administration (FDA) amending its color additive regulations to no longer allow for the use of FD&C Red No. 3 earlier this year. 

Red dye No. 3 has been used for decades in a wide range of food products, such as candy, cakes and cupcakes, cookies, frozen desserts, and frostings and icings.

But in January, US regulators said the synthetic color additive, which offers a bright, cherry-red color, will no longer be allowed in US food or ingested drugs from January 15, 2027. 

Talks with F&B companies 

Robert F. Kennedy Jr. has long advocated eliminating artificial dyes in food and beverages as part of his main mission, the “Make America Healthy Again” (MAHA) movement.

During the discussions earlier this week, he met with company representatives from food and drink giants, including PepsiCo, General Mills, Tyson Foods, Smucker’s, Kraft Heinz, and Kellogg’s, pressing them to reduce food additives. 

This is part of his well-documented strategy to crack down on food.

A post on RFK Jr.’s X account reads: “Great discussion today with Consumer Brands CEOs of KraftHeinzCo, GeneralMills, TysonFoods, Kelloggs, US Smuckers, and PepsiCo, on advancing food safety and radical transparency to protect the health of all Americans, especially our children. We will strengthen consumer trust by getting toxins out of our food. Let’s Make America Healthy Again.” 

RFK Jr. says he is pushing for “transformative change” by the end of his term. But getting food and beverage giants onboard is crucial to the extent to which his strategy will be far-reaching.

In a statement sent to Food Ingredients First, the National Confectionery Association says: “As we have been saying for years, FDA is the rightful national regulatory decision maker and leader in food safety. Food safety is the number one priority for US confectionery companies, and we will continue to follow and comply with FDA’s guidance and safety standards. Our consumers and everyone in the food industry want and expect a strong FDA, and a consistent, science-based national regulatory framework.” 

State legislation to regulate color additives

In recent months, a swathe of state legislation has been proposed to prohibit some synthetic food dyes.

California issued an executive order to recommend actions to reduce foods with synthetic food dyes, and Utah recently introduced H.B.402, seeking to prohibit foods containing various synthetic dyes. Moves are also coming out of Florida and Virginia. 

The Food Safety and Chemical Disclosure Act has also recently been introduced to the New York State Legislature. This bill would require food companies to disclose their use of any “Generally Recognized as Safe” (GRAS) ingredients to the public. It would also prohibit the use of certain artificial dyes in foods sold or manufactured in New York state or on offer in state schools.

In Oklahoma, Senate Bill 4 proposed banning 21 synthetic dyes from food products and forcing manufacturers to reformulate recipes to exclude the additives by January 2027. The bill has received widespread support, but some senators in Oklahoma state are concerned about “government overreach.”

Utah’s state legislature has also introduced H.B.402, “Foods Available at Schools Amendments,” to amend the types of foods available in public schools and targets outlawing certain food additives. 

Florida introduced a new bill, HB641, in January. If passed, it requires food manufacturers to include a warning label on products containing synthetic dyes.

With so many states making moves to ban so many different food additives, it is not yet clear what the legislative landscape may look like. However, the industry will respond with a range of alternatives, including natural color solutions, to mitigate any potential bans and avoid using synthetic dyes currently surrounded by controversy.