Both state and federal government authorities have recently turned their attention toward artificial coloring in foods. The Food and Drug Administration (FDA) announced a series of measures in April 2025 to phase out all petroleum-based synthetic dyes from food, including initiating the process to revoke authorization for Citrus Red No. 2 and Orange B and working with industry to remove six other synthetic food dyes from the food supply. This follows FDA’s January 2025 order revoking authorization for manufacturers to use Red Dye 3 in food and ingested drugs after studies confirmed that the dye causes cancer in male rats.
In addition to FDA’s April 2025 order, approximately 30 states have, in recent years, proposed or passed legislation targeting artificial colors. The proposed legislation ranges from banning the use of certain color additives sold in school lunch programs to restricting the sale of all foods containing certain color additives within the state. Some states, including Florida, Louisiana, Missouri, New York, and Texas, are proposing requirements for foods containing certain color additives to carry warning labels.
Notably, three states—California, Utah, and West Virginia—have recently passed legislation targeting color additives in food. California and West Virginia banned certain additives in all foods sold and consumed in the state, while Utah banned certain color additives sold and consumed in schools.
California
In October 2023, California passed Assembly Bill 418, the California Food Safety Act, which prohibits the manufacture or sale of a food product for human consumption containing brominated vegetable oil, potassium bromate, propylparaben, and/or Red Dye 3. California’s law predated FDA’s ban of Red Dye 3 and is set to take effect in early 2027.
Utah
In March 2024, Utah passed House Bill 402, which prohibits the sale of foods in schools that contain potassium bromate, propylparaben, Blue Dye 1, Blue Dye 2, Green Dye 3, Red Dye 3, Red Dye 40, Yellow Dye 5, and Yellow Dye 6. The ban is narrower in scope than the California bill, as it is limited to foods sold in schools. However, the bill prohibits the use of a larger number of dyes in foods than the California bill.
West Virginia
Most recently, in 2025, West Virginia passed House Bill 2354, which amends the definition of the term “adulteration” with respect to foods under state law to state that foods containing butylated hydroxyanisole, propylparaben, Blue Dye 1, Blue Dye 2, Green Dye 3, Red Dye 3, Red Dye 40, Yellow Dye 5, and Yellow Dye 6 are adulterated and therefore prohibited under state law. The bill also prohibits the sale of food containing the same dyes in schools. The provisions banning the sale of foods containing the above dyes take effect August 1, 2025. Notably, the bill does not specify when the provisions deeming foods containing certain dyes to be adulterated come into effect.
Industry Implications
The state legislation, both pending and passed, signals a growing focus by state governments on the use of color additives in foods. While FDA continues to oversee the national regulation of color additives under the Federal Food, Drug, and Cosmetic Act, states have taken initiative to restrict the use of color additives to varying degrees. Manufacturers will need to begin work immediately to be in compliance with the laws that have passed in California, Utah, and West Virginia, particularly given the early compliance dates.
However, as highlighted above, the restrictions on food additives differ in each state. Further, more than two dozen states have legislation pending that would restrict the use of color additives in foods in the state. Manufacturers will also have to navigate the patchwork framework of state regulation and ensure compliance across all states in which their food products are sold.
Takeaways
- Approximately 30 states have pending legislation restricting the use of color additives in food; while three states have passed legislation, others are likely to join in passing similar legislation
- Compliance dates begin as early as August 1, 2025
- Manufacturers will have to quickly reformulate, repackage, and rebrand foods to be in compliance with state legislation
- Potential liability for the continued sale of products containing petroleum and other non-natural food dyes could be significant