Sign Up

Last April, the FDA asked food companies to stop using six synthetic, petroleum-based food dyes — and called it a phase-out.

The dyes in question: Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3. They show up in everything from Skittles to Gatorade to kids' cereals. They've been banned or restricted across Europe for years over links to hyperactivity in children.

Here's what the announcement left out: nobody has to do anything.

The phase-out is entirely voluntary. No law was changed. No regulation was issued. There are no penalties for non-compliance, no legal deadline, and no enforcement mechanism. HHS Secretary Robert F. Kennedy Jr. described the plan as "an understanding" worked out with industry — a phrase that, legally speaking, means almost nothing.

The FDA is tracking pledges from food manufacturers on its website. As of early 2026, only 11 of 24 major food and beverage manufacturers had committed to removing the dyes from all products. Eight companies provided no plan at all.

Meanwhile, about 30 states have proposed or passed their own food dye legislation — because they couldn't wait for a federal handshake deal to pan out. The actual policy pressure isn't coming from Washington. It's coming from state capitals.

For now, the cleanest move is to check the label yourself. If it has the following, put it back on the shelf:

These are still required to appear in the ingredient list if they're in the product — companies can't hide them. If you're buying for kids, look for products listing natural alternatives instead: annatto, turmeric, beet juice, or spirulina. The FDA's pledge tracker is live at fda.gov — you can see exactly which brands made commitments and which stayed silent.

Forward this issue. It takes 5 seconds and it actually matters.

Not subscribed yet? Sign up here