FDA No Artificial Colors Policy & Food Labeling Lawsuits

On February 5, 2026, the U.S. Food and Drug Administration told food makers they may now label a product “no artificial colors” if it contains no petroleum-based colors.

For years, the agency generally allowed that claim only when a product had no added color at all, whether synthetic or natural. The FDA said it will use enforcement discretion for these voluntary claims. Officials explained that calling natural-source colors “artificial” could confuse shoppers and slow companies that want to leave petroleum-based dyes behind.

Enforcement discretion does not change a statute, and courts do not have to follow it. State consumer protection laws still apply, and judges still decide whether a label would mislead a reasonable shopper.

Law firms that advise food companies say the policy may help some defenses but it does not erase litigation risk. Contact our deceptive food labeling lawyers to learn more.

Chemical Use Revoked in Food Marking

A second announcement regarding food dyes followed on November 9, 2026. The FDA said it will revoke its authorization for methylene chloride as a diluent in inks that mark fruit and vegetables. It will also revoke authorizations for methylene chloride, ethylene dichloride, and trichloroethylene in making annatto extract, paprika oleoresin, and turmeric oleoresin.

The agency says these substances will have no remaining authorized uses as color additives or in producing them. Several advocacy groups and one individual petitioned for the ink revocation under the Delaney Clause, which requires the FDA to deem an ingested color additive unsafe if found to cause cancer in humans or animals.

An industry trade group petitioned for the other revocation and showed that manufacturers had abandoned those uses. Both take effect January 11, 2027.

The ink revocation applies to markings placed directly on fresh fruits and vegetables. The second revocation applies to solvents used when manufacturers extract three food colors.

Annatto extract colors foods such as cheese, butter, cereals, and baked goods. Federal regulations allow paprika oleoresin to color foods generally, with limited exceptions. Manufacturers also use turmeric oleoresin as a yellow color, including as an alternative to FD&C Yellow No. 5.

That does not mean store-bought foods contain these solvents. Federal regulations had permitted the substances in making these colors, but the FDA says industry has abandoned those uses.

Nothing in the announcements reports that any product on a shelf contains these chemicals, and a label does not typically disclose which extraction solvent a manufacturer used.

Why does this matter to consumers?

A label can be the primary reason consumers buy a product, and buyers may pay more for products that advertise what they leave out. Whether any claim misleads depends on its exact wording, the ingredient list, and the packaging as a whole. These FDA announcements did not find any specific product’s label deceptive, and every case is unique. Call us to discuss a questionable product.

The Lyon Firm accepts misleading food labeling and class action deceptive marketing cases for consumers nationwide. Our attorneys investigate label claims, review ingredient and marketing evidence, and take on large food conglomerates.

If a color or ingredient claim influenced your purchase and you believe the label misled you, call (513) 381-2333 for a free consultation. The firm has offices in Ohio and California.