While some food companies have said they will voluntarily remove some artificial colors from their products, at least a third of the companies have not said they will make such changes, according to the Center for Science in the Public Interest.
The dye debate came to the forefront this spring when Health and Human Services Secretary Robert F. Kennedy Jr. and Food and Drug Administrator Martin Macari issued a call for voluntary action. The couple did not say whether they would enforce the rules if all food companies did not comply with their request.
The Center for Science in the Public Interest (CSPI) says it wants new rules because many companies are ignoring requests for voluntary action. But CPSI says such action cannot be taken until “Congress resolves the health care funding crisis that has led to a government shutdown and regulatory freeze.”
CSPI has new tracking resource this covers obligations to remove synthetic dyes and titanium dioxide. It found that only 11 of the 24 largest manufacturers had committed to phasing out dyes from all products, while others had committed to using only some products (1), offered vague commitments (4), or presented no plan at all (8).
“Despite headlines touting the food industry's voluntary commitment to eliminate synthetic dyes, parents can expect to see plenty of these dyes in pouches for their children this year,” said CSPI President Dr. Peter G. Lurie. “We urge the FDA to use its scientific judgment to regulate these chemicals as unsafe, which it could do by limiting their use in food or requiring a warning label similar to the warnings already in place in Europe.”
Since 2008, CSPI has called on the FDA to protect consumers from synthetic food dyes because the dyes have demonstrated effects on children's behavior. Research shows that some children who consumed dyes developed hyperactivity or other behavioral problems. A review of the scientific evidence on food dyes by California environmental regulators found that the dyes “may cause or worsen neurobehavioral problems in some children.”
The Biden administration used its regulatory powers to ban the carcinogenic food coloring Red 3 in January, shortly before the Trump administration took office. Until now, Kennedy and Macari have relied largely on public pressure and state-level dye restrictions to encourage voluntary commitments from food companies.
Some of America's largest food companies responded to Kennedy's pressure with mixed reactions. Campell's, Conagra, General Mills, Grupo Bimbo, Hershey, Kellanova, WK Kellogg Co, Kraft Heinz, Nestle, JM Smucker Co. and Tyson announced plans to eliminate dyes from all of their products. General Mills committed to removing dyes from cereals in 2015 but returned to using them in 2017.
However, Coca-Cola, Ferrerro, Flower Foods, Keurig Dr Pepper, Mars, McKee Foods, Post Holdings and Unilever have made no such commitments. Some companies, such as PepsiCo, apply their obligations to only a portion of their products. In PepsiCo's case, the commitment only applies to food products sold in schools and the Lay's and Tostitos product lines. Many other companies' policies are unclear or vague.
“Not surprisingly, companies that use dyes the most are less likely to share Kennedy's 'understanding' that they should eliminate food dyes,” according to CSPI. “Of the top five dye users in 2020, only Hershey announced plans to eliminate dyes from all of its products.”
CSPI uses Ferrero as an example. The maker of SweeTarts, Nerds, Brach's and many popular candy bars used food coloring in 60 percent of its products in 2020 and has not announced plans to eliminate it. The same can be said for Mars, which famously backtracked on a 2016 commitment to phase out dyes in all products, including M&Ms, and which dyed 52 percent of its products as of 2020. Mars has removed the white pigment titanium dioxide from its Skittles — a welcome move, according to CSPI — although the color additive is not on Kennedy's phase-out list.
“As anyone who has studied the food industry's voluntary commitments knows, companies sometimes meet their commitments, sometimes they rescind their commitments, and sometimes their commitments are so specialized or vague that they are no commitments at all,” Lurie said. “We know Red 3 won't come back because the Biden administration used regulation to get rid of it. Kennedy's voluntary strategy opens the door for industry to make empty promises and renege on its commitments when people stop paying attention.”
In addition to calling for federal regulation of food coloring, CSPI also supports ongoing state efforts to pass legislation to regulate synthetic food coloring. West Virginia has banned all synthetic dyes statewide, a move the synthetic dye industry is challenging in court. Texas and Louisiana have adopted warning labeling requirements for colored foods. Six states, including California, have banned the use of dyes in school products, and New York is considering doing the same. Two states, Delaware and Tennessee, have passed laws banning only Red 40 in school products.
“In addition to federal action, we urge state legislatures and governors in both red and blue states to explore taking action to protect consumers from unsafe food ingredients,” Lurie said. “Food chemical safety is too important to be left to the voluntary commitments of individual food companies.”
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