FDA intends to exercise enforcement discretion as to section 403(a)(1) of the FD&C Act should a firm use certain voluntary labeling claims on foods intended for human consumption that do not contain any FD&C Act certified colors.4 This means that FDA does not intend to take enforcement action against a firm under section 403(a)(1) of the FD&C Act 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:
- Made without artificial food colors/colorings
- No artificial color/colors/coloring
- No added artificial color/colors/coloring
The scope of this enforcement discretion does not extend to foods that contain FD&C certified colors, listed in 21 CFR part 74. Firms may continue to make additional labeling claims, so long as they comply with any other applicable requirements and are not false or misleading.5
Key updates
- Products without petroleum based synthetic dyes may use “no artificial colors” even if natural colors are present.
2. FDA has authorized additional natural color options, including beetroot red and expanded uses of spirulina extract.
Conclusion
As described above, FDA does not intend to take enforcement action as to section 403(a)(1) of the FD&C Act against a firm that makes certain voluntary labeling claims on foods intended for human consumption that do not contain any FD&C Act certified colors. FDA expects manufacturers to comply with all other existing legal requirements.
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