RFK Jr eyes ban on synthetic dyes in food

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ROBERT F Kennedy Jr has told US food and drink manufacturers he intends to ban synthetic dyes being added to their products.

The proposed move would place a blanket ban on any unnecessary synthetic colourings being added to food and drinks. The products most affected would likely include cereals, soft drinks, and confectionery, primarily those sold exclusively in the US, as much of Europe already enforces strict bans on synthetic dyes.

A 2022 report by the National Institutes of Health analysed 25 studies and found that just over half indicated a link between food dye exposure and behavioural problems in children.

A blanket ban would also impact foods already on the market with ingredients designated by the US Food and Drugs Administration (FDA) as “generally recognised as safe” (GRAS). Under existing rules, food and drink producers can self-certify new ingredients as GRAS without FDA approval. RFK Jr last week instructed the FDA to close this so-called “loophole”.

Speaking at a meeting with senior industry figures last week, RFK Jr said: “For far too long, ingredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals…to be introduced into the US food supply without notification to the FDA or the public.

“Eliminating this loophole will provide transparency to consumers.”

The existing Food, Drug and Cosmetic Act states that if a “substance is generally recognised, among qualified experts, as having been adequately shown to be safe under the conditions of its intended use”, it does not require FDA approval. Since 2016, manufacturers who self-certify new ingredients as GRAS have been encouraged to log it with a central FDA database, but this is not a legal requirement.

Instead, the FDA says: “We strongly encourage any company considering the addition for a substance to any food on the basis of a conclusion of a GRAS status to contact us and follow the available procedures for FDA oversight of such decisions.”

Under RFK Jr’s proposals, manufacturers would be required to publicly notify the FDA of their intended use of any new ingredients in food and drinks, along with their underlying safety data. 

Sara Brenner, the FDA’s acting commissioner, said: “The FDA is committed to further safeguarding the food supply by ensuring the appropriate review of ingredients and substances that come into contact with food.

“The FDA will continue to follow our authorities and leverage our resources to protect the health of consumers to ensure that food is a vehicle for wellness.”

Melissa Hockstad, CEO of the Consumer Brands Association which represents the food and drink industry, said: “We look forward to continued engagement with [RFK Jr] and the qualified experts within the Department of Health and Human Services to support public health, build consumer trust and promote consumer choice.”

Bipartisan support

RFK Jr is known for making unsubstantiated claims about health and science and for spreading disinformation. However, his plans for banning synthetic dyes and tightening regulations have received bipartisan support.

RFK Jr’s announcement follows the Biden administration’s move in January to ban the synthetic colouring red dye 3 in food, drinks and drugs, citing a 30-year-old study that found a link between the colouring and cancer in rats. The FDA maintains there is unlikely to be the same link in humans.

Meanwhile, state legislatures in West Virginia and Oklahoma have recently passed laws banning up to 21 synthetic dyes.

The scope for greater FDA oversight of food additives will depend on the future of the agency’s already uncertain staffing levels. Last month, more than 5,000 probationary workers across the Department of Health’s federal agencies, including the FDA, were laid off. However, this decision was partially overturned by district judges in California and Maryland last week, where many agency employees are based.