US Federal and State Agencies Push Use of Natural Colors in Food

Gul Basak Kiroglu, Product Manager for Regulatory Trends

Within weeks of assuming the presidency, the Trump administration launched the Make America Healthy Again (MAHA) Commission, with a mission to address chronic disease prevention and children’s nutrition. This initiative swiftly gained national attention, particularly in the context of school meals, where ultra-processed foods and artificial additives are increasingly being scrutinized. Although the original research defining ultra-processed foods (UPFs) did not list any food additives or processing aids, the MAHA Report states, “the industrial processing required to create UPFs—through additives and nutritional alterations—is a key contributor to their harmful health effects in children.”

The Commission’s focus on nutrition comes in response to rising rates of childhood obesity, diabetes and other diet-related conditions in the United States. With school meals serving as a major source of daily nutrition for millions of American children, regulating what goes into these meals has become a national priority.

Regulatory Action by US States on Additives and Colors

Several US states have moved to prohibit or restrict specific additives in foods or require their disclosure with a warning label. In most cases the restrictions cover artificial colors, artificial sweeteners and processing aids, with one state adding proposed warning labels for specific ingredients.

The following states have introduced proposals to prohibit certain additives in school meals in the last quarter:

Pennsylvania – In school health services, providing for unhealthy ultra-processed food prohibited in competitive foods. (HB1132)

Alabama – Public K-12 schools, ultra-processed foods, prohibited and defined (HB580)

Arkansas – To Prohibit a School From Serving or Selling Ultra-Processed Food on the School Campus During the Normal School Day. (HB1962)

Louisiana – SCHOOLS/FOOD PROGRAMS: Requests the state Department of Education to study the feasibility of and potential costs associated with prohibiting certain foods and beverages in public schools (HR3)

Food Colors Shift to Natural Sources, Industry Groups Respond

Currently more than 20 natural food colors are approved by the FDA, including turmeric, paprika, annatto, elderberry and beet juice, such as:

Listing of Color Additives Exempt From Certification; Galdieria Extract Blue

Listing of Color Additives Exempt From Certification; Calcium Phosphate

Listing of Color Additives Exempt From Certification; Butterfly Pea Flower Extract

On the topic of ingredient bans, the American Beverage Association expressed concern on the prohibition of some ingredients that have consistently been proven safe, defining West Virginia’s Ingredient Ban Legislation as, “a disappointing law that will have profound economic impacts on the non-alcoholic beverage industry – an economic sector that sustains 1,800 jobs and contributes $1.7 billion annually to the state’s economy.” The industry group asserts that providing Americans with more choices along with clear, transparent information is the better way to help improve the health.

Another industry group, the Consumers Healthcare Products Association, noted the proven safety of ingredients being under scrutiny with state-by-state laws stating, “As a growing patchwork of state-by-state laws is introducing confusion, inefficiency, and uneven enforcement into our nation’s food and supplement supply, CHPA pledges to work with the Administration to assess federal regulatory standards that are grounded in sound science and provide consumers with the assurances of safety and quality they expect and deserve.”

How Food and Beverage Companies Stay Informed

For more details and to stay informed on the evolving issues, subscribe to FoodChain ID’s Regulatory Trends to reduce regulatory risks with early insights into emerging issues and trends.

The comparative line graph below looking back 10 years for Artificial Color Mentions from US States and Federal Sources shows the dramatic increase in official citations of artificial color from the last two quarters.

Another comparative line graph between Colors, Sweeteners and Flavors from the last 10 years analyzed regulatory activity on a state level. Color citations are four times greater in number than the sum of activity on flavors and sweeteners in the last two quarters.

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