A significant change has been made to the requirements allowing companies to promote their products as containing “no artificial colors.” The U.S. Food and Drug Administration has essentially loosened the ability of companies to make such claims. Now, the FDA will permit a product to be advertised as having “no artificial colors” as long as the colors are not derived from petroleum.
- The decision is in line with the Trump administration’s Make America Healthy Again campaign.
- The rationale is seemingly to prioritize the elimination of petroleum in food products by allowing other “naturally derived alternatives.”
“We are making it easier for companies to move away from petroleum-based synthetic colors adopt safer, naturally derived alternatives,” says U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr.
This move was celebrated by the Consumer Brands Association, claiming that the move focused on safety and transparency.
“Consumer Brands Association has made voluntary commitments to remove certified FD&C colors from America’s food supply, and today’s announcement from the FDA supports food and beverage manufacturers’ efforts to innovate to meet consumer demand,” Senior Vice President Sarah Gallo said in a statement. “All natural ingredients should continue to follow a rigorous science and risk-based evaluation process.”
- On a related note, the FDA recently banned Red Dye No. 3 from food and drinks starting in 2027 because it is derived from petroleum.
Nerds And Laffy Taffy Alleged To Contain Arsenic
Elsewhere in consumer foods, a class action lawsuit has been filed in Illinois federal court against Ferrara Candy Co., the maker of such brands as Nerds, Trolli gummy candy, Laffy Taffy and Sweet Tarts, over allegedly containing toxic levels of arsenic.
The suit is significant in the amount of arsenic it alleges that is contained in these products based on a Florida report that was released regarding testing results of the candies’ toxicity levels. For example, half a package of Sweet Tart Rope candies exceeded arsenic levels for an entire year. The same can be said for four pieces of banana-flavored Laffy Taffy.
- Both marketing to children and a failure to disclose the arsenic levels in the product are key issues brought up in the suit against Ferrara Candy Co.
The suit asks the court to consider the defendant in violation of laws and argues the defendant should be required to pay consumers damages, restitution, attorney fees and costs.
Ferrara Candy Co. products have been sold as a branded merch offering. The lawsuit may be worth monitoring, and firms should ensure that they have clear answers to potential questions about topics regarding any controversial substances potentially included in the products.
