Quality & Regulatory Jenn Braun

Legislative Changes for Color Labeling

Upcoming Regional & National Legislation

We have already discussed a number of these changes, including the FDA’s Red 3 ban and bans of synthetic colors in schools as well as more wide-reaching artificial color bans within a state, but a new approach takes aim at on-pack labeling rather than outright ingredient removal.

2025

First ban of synthetic colors in schools takes effect (WV)

2026

Multiple state bans of synthetic colors and titanium dioxide in schools take effect (DE, TX, AZ, UT)
FDA mission encourages brands to “phase out all petroleum-based synthetic dyes from the nation’s food supply” by the end of 2026 (Federal)

2027

FDA ban of FD&C Red 3 in food/beverages takes effect (Federal)
Additional state-level school bans take effect (CA, VA, TN)
First state-level warning label requirements take effect, impacting synthetic colors and titanium dioxide (TX)

2028

First state-wide synthetic color ban takes effect (WV)
Additional state-level school bans take effect (LA)
Additional state-level warning label requirements take effect (LA)

Frequently Asked Questions for New Color Label Changes

What warning labels are required for color in food and beverages?

California

California’s Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires that businesses provide warning to consumers about potential exposures to chemicals, recognized by a California board of experts, that cause cancer, birth defects or other reproductive harm. For food and beverages, this typically means an on-pack warning.

Texas

Texas’s Senate Bill 25 requires a warning label on food and beverage products for sale in the state of Texas disclosing the use of certain listed ingredients. The label must read: “WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.”

woman scanning a qr code on food packaging

What colors are impacted by warning label bills?

Certified colors are named by both the Texas bill and the Louisiana bill in both a broad context and with additional specific callouts for the most used synthetic colors (e.g. Red 40, Yellow 5, Blue 1, etc.). The Texas bill further lists titanium dioxide as requiring the new warning label.

California’s bill impacts all four classes of caramel color through byproducts produced in the making of the color: Furfuryl alcohol (present in all classes of caramel color) and 4-Methylimidazole or 4-MEI (present in Class III and Class IV caramel color). Therefore, any caramel color use incurs the need for the Prop 65 warning label.

The full list of impacted ingredients can be found in the official text of California’s Proposition 65, Texas’s SB 25, and Louisiana’s SB 14.

Is titanium dioxide banned in Europe?

Yes, titanium dioxide is banned for use in food, beverages, and pet products by the European Commission.

EFSA revoked approval for titanium dioxide in 2021 but did not cite specific scientific studies demonstrating a risk to human health. The U.S. FDA and Health Canada have indicated that based on currently available scientific evidence, no
regulatory changes are expected for
titanium dioxide.

Are there any exceptions to these bills?

According to California’s dedicated Proposition 65 website: “Businesses with fewer than 10 employees and government agencies are exempt from Proposition 65’s warning requirements and prohibition on discharges into drinking water sources. Businesses are also exempt from the warning requirement and discharge prohibition if the exposures they cause are so low as to create no significant risk of cancer or are significantly below levels observed to cause birth defects or other reproductive harm.”

Texas’s bill specifically applies only to products intended for human consumption. Texas exempts restaurants and products labeled with a governmental warning with a recommendation from the U.S. Surgeon General, which would include alcohol. Agricultural chemicals are also exempt from Texas SB 25.

Both Texas and Louisiana exempt drugs and dietary supplements from their scope. Both bills also exclude food prepared and sold in retail establishments, such as hot bars at grocery stores.

Louisiana’s bill specifically exempts medical food and alcoholic beverages.

How will these bills be enforced?

State Attorneys General are responsible for enforcement. All three bills face financial penalties for violators. Violations of California’s bill can cost brands up to $2,500 per violation per day.

Fortunately, our team of color experts is well-versed in these projects and
is here to help make your transition as seamless as possible.

Reach out today for a consultation on your specific needs.

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