Are Artificial Food Dyes Being Banned?
Some are, and the FDA plans to phase out the rest. In April 2025 the FDA and HHS announced measures to phase out all petroleum-based synthetic dyes from the US food supply, including revoking authorization for Citrus Red No. 2 and Orange B and working with industry to eliminate six remaining dyes, among them Red No. 40 and Yellow No. 5, by the end of the following year. The FDA’s order revoking Orange B in food took effect on September 8, 2026, and Red No. 3 is being removed under a separate January 2025 order.
Every color additive must be approved by the FDA before use in food, and synthetic dyes, called certified colors, must also pass batch certification, in which the FDA analyzes a sample of each batch before it can be used.
West Virginia amended its food law to treat foods containing Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2 and Green No. 3, along with BHA and propylparaben, as adulterated from January 1, 2028. In December 2025 a federal court barred the state health department from enforcing that law, finding it fails to give adequate notice of what is prohibited.
Sources checked September 15, 2026. Every point below links the page it came from.
The sources behind this answer
- Regulatory filingThe FDA says all color additives and new uses of listed color additives must be approved by the FDA before they may be used in foods. US FDA ↗
- Regulatory filingThe FDA says synthetic color additives, known as certified colors, must pass batch certification, in which it analyzes a sample of each batch before use. US FDA ↗
- Government sourceOn April 22, 2025 the FDA and HHS announced measures to phase out petroleum-based synthetic dyes, including revoking Citrus Red No. 2 and Orange B and working with industry to eliminate six remaining dyes by the end of the next year. US FDA ↗
- Regulatory filingThe FDA’s final order revoking the authorized use of Orange B as a color additive in food became effective on September 8, 2026. US FDA ↗
- Regulatory filingWest Virginia’s food adulteration law lists BHA, propylparaben and seven FD&C dyes, including Red No. 3 and Red No. 40, with the 2025 amendments effective January 1, 2028. West Virginia Legislature ↗
- Legal caseOn December 23, 2025 a federal court granted a preliminary injunction barring the West Virginia Department of Health from enforcing the 2025 dye law, finding it fails to give adequate notice of what is prohibited. US District Court, Southern District of West Virginia ↗
Sources checked September 15, 2026. A brand statement is the company’s own claim, which we report but have not verified. Our grades are model-based estimates, not lab tests.