H.R. 4858: Ban Harmful Food Dyes Act

This bill, known as the "Ban Harmful Food Dyes Act," aims to amend the Federal Food, Drug, and Cosmetic Act by classifying certain color additives as unsafe. Specifically, it targets the following color additives:

Covered Color Additives

• Red No. 40 (CAS 25956–17–6)
• Red No. 3 (CAS 16423–68–0)
• Yellow No. 5 (CAS 1934–21–0)
• Yellow No. 6 (CAS 2783–94–0)
• Blue No. 1 (CAS 3844–45–9)
• Blue No. 2 (CAS 860–22–0)
• Green No. 3 (CAS 2353–45–9)
• Orange B (CAS 15139–76–1)
• Citrus Red 2 (CAS 6358–53–8)
• Red 3 (CAS 16423–68–0)
• Titanium Dioxide
• Any additive that is substantially similar to the specified additives

Starting January 1st, 2027, any food product that contains these color additives will be considered "adulterated," meaning it is deemed unsafe for consumption under the law. As a result, manufacturers will need to reformulate their products to remove these additives if they wish to continue selling them in the U.S. market.

Implications

This legislation is intended to protect consumers from potential harmful effects associated with these food dyes. The bill asserts that despite prior certifications and listings of these additives, they will no longer be considered safe starting in 2027, effectively removing them from the food supply.

Implementation and Enforcement

The enforcement of this bill will fall under the jurisdiction of the Food and Drug Administration (FDA), which will need to regulate and monitor compliance with these new standards. Companies will be required to align with the new definitions of what constitutes adulterated food, leading to potential implications for labeling and marketing of food products.

Relevant Companies

• PEP - PepsiCo, Inc.: As a major producer of food and beverages, PepsiCo may need to reformulate many of its products that include the specified color additives.
• KR - The Kroger Co.: This grocery chain will likely face significant changes in the products it sells, as many of its store-brand foods contain these color additives.
• MDLZ - Mondelez International, Inc.: This company produces various snacks and foods that may be affected due to the presence of the covered food dyes.
• CAG - Conagra Brands, Inc.: As a food manufacturer, Conagra may need to alter numerous product formulations that currently include the identified color additives.