PolicyBrief
H.R. 4858
119th CongressAug 1st 2025
Ban Harmful Food Dyes Act
IN COMMITTEE

This act bans the use of specific artificial food dyes, including Red No. 40 and Yellow No. 5, in food products starting in 2027.

Grace Meng
D

Grace Meng

Representative

NY-6

LEGISLATION

Food Dye Ban Looms: 10 Major Artificial Colors, Including Red 40 and Yellow 5, Get the Boot Starting 2027

This bill, officially titled the Ban Harmful Food Dyes Act, is pretty straightforward: it’s pulling the plug on ten specific, commonly used artificial food colorings. Starting January 1, 2027, ingredients like Red No. 40, Yellow No. 5, and Blue No. 1 will be considered illegal to use in any food product sold in the U.S. If a food item contains these colors after that date, it will be labeled “adulterated” under federal law, essentially making it unsellable (SEC. 2).

The Great Ingredient Swap: What’s Being Banned?

If you’ve ever tried to avoid artificial colors for yourself or your kids, you know the names on this list. The legislation specifically targets ten major dyes, including the big four: Red No. 40, Red No. 3, Yellow No. 5, and Yellow No. 6. It also bans Blue No. 1, Blue No. 2, Green No. 3, Orange B, Citrus Red 2, and Titanium Dioxide. This isn’t just a slap on the wrist; it’s a hard deadline for manufacturers to completely reformulate products that rely on these colors to look appealing—think brightly colored cereals, candies, sports drinks, and even some yogurts and sauces.

Why This Matters to Your Grocery Cart

For consumers, especially parents, this is a major win for clarity and health. These dyes have been linked to hyperactivity in some children and other health concerns, leading many to already seek out natural alternatives. This bill forces the entire food industry to catch up to the consumer demand for cleaner labels. For example, that neon-green sports drink might soon be colored with spirulina extract instead of Blue No. 1, or that bright red fruit snack will need to rely on beet juice or paprika for its hue. The shift will impact thousands of products, making it easier to shop without constantly checking ingredient lists for artificial colors.

The Fine Print That Could Get Messy

While the deadline is clear (January 1, 2027), the bill includes a provision that could lead to some regulatory headaches. The ban extends not just to the ten listed dyes, but also to “any other additive that is substantially similar” to them (SEC. 2). This phrase, “substantially similar,” is where things get vague. It gives the FDA a lot of power to interpret and ban new dyes that manufacturers might try to introduce as replacements. For the food industry, this creates uncertainty: they need to spend millions on reformulation, but they also need assurance that their new, replacement colors won't be deemed “substantially similar” to the old banned ones a year or two down the road. This ambiguity could lead to legal challenges or slow down the development of safe, colorful alternatives.