FDA to exercise discretion on some "no artificial colors" labeling claims

The Food and Drug Administration told food manufacturers it will exercise enforcement discretion for certain voluntary claims that say a product contains “No artificial colors” or similar language, provided the product does not contain any FD&C Act certified colors listed in 21 CFR part 74. In a letter to manufacturers dated Feb. 5, 2026, the agency said it “intends to exercise enforcement discretion as to section 403(a)(1) of the Federal Food, Drug, and Cosmetic (FD&C) Act … should a firm use certain voluntary labeling claims relating to the absence of FD&C Act certified colors in foods intended for human consumption.”

The agency identified three specific claim variants for which it “does not intend to take enforcement action … should the firm make one of the voluntary labeling claims listed below on foods intended for human consumption that do not contain any colors listed in 21 CFR part 74.” The strings listed in the letter are “Made without artificial food colors/colorings”; “No artificial color/colors/coloring”; and “No added artificial color/colors/coloring.” The letter made clear that the policy is an enforcement posture rather than a change in law: “The scope of this enforcement discretion does not extend to foods that contain FD&C certified colors, listed in 21 CFR part 74.”

The move follows a recent pattern in which the agency has used enforcement discretion as an interim tool while considering regulatory changes. In December, the FDA issued a letter to the dietary supplement industry saying it “intends to ‘exercise enforcement discretion regarding the requirement for the DSHEA disclaimer to appear on each panel of a product label where a 403(r)(6) claim appears’ while the agency considers whether to propose a rule to amend the requirement,” Hogan Lovells reported. The firm quoted FDA language that revising the rule could help “reduce label clutter and unnecessary costs,” and that the agency had “rarely, if ever, enforced this requirement.”

Enforcement discretion is a familiar, if technical, regulatory instrument. As SeedNih explains, the agency sometimes de-prioritizes enforcement for low-risk or lower-priority categories without relinquishing statutory authority. That approach allows firms temporary relief while rulemaking or policy review proceeds, but it leaves manufacturers responsible for ensuring claims are not false or misleading and for complying with other applicable requirements. The FDA reiterated that firms “may continue to make additional labeling claims, so long as they comply with any other applicable requirements and are not false or misleading.”

Public health experts and consumer advocates, while not quoted in the agency letter, have in past debates emphasized that labeling clarity matters for communities managing allergies, dietary restrictions, and the health of children. Industry analysts note the practical benefit for companies reformulating products to remove certain synthetic dyes: easing enforcement could reduce immediate compliance costs and speed marketing changes. Some trade and political commentators place the action within a broader push to shift away from petroleum-based dyes; PowderBulksSolids reported that the FDA acknowledged the current “artificial color” definition does not distinguish between naturally derived and other colors and linked the move to a “Make America Healthy Again” initiative. Newsweek reported that HHS Secretary Robert F. Kennedy Jr. called the enforcement-discretion decision “real progress.”

Still, the letter leaves several questions unresolved. The published excerpt contained omitted footnotes and background, and the agency did not in the excerpt set an explicit timeline for how long it will maintain this enforcement posture or whether it will propose regulatory changes to 21 CFR part 74 or the definition of “artificial color.” The policy could improve label flexibility for some manufacturers, but it also raises equity and information questions for consumers who rely on clear, enforceable labeling to make safe and culturally appropriate food choices.