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Food Dye Law Tracker: US Federal & State Rules

Last updated: October 26, 2026 (federal phase-out target date; state entries last checked October 18, 2026). This tracker summarizes federal and state actions on synthetic food dyes, with dates and links to the original sources. It’s general information, not legal advice. Laws, court rulings, and effective dates can change, so always check the linked source for the latest.

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At a glance: key dates

  • Now in effect: school-meal dye restrictions in West Virginia (since Aug. 1, 2025) and Delaware (Red 40, since July 1, 2026); Arizona and Utah rules starting with the 2026–27 school year.
  • January 1, 2027: California’s statewide ban on Red No. 3 in food (AB 418).
  • January 15, 2027: FDA revocation of Red No. 3 in food, including dietary supplements, takes effect.
  • July 1, 2027: Virginia school meal and competitive food dye ban.
  • December 31, 2027: California public school dye ban (AB 2316).
  • January 1, 2028: West Virginia’s statewide dye ban was scheduled to start, but it is currently blocked by a court order (see below).
  • January 18, 2028: FDA revocation of Red No. 3 in ingested drugs takes effect.

Federal (FDA)

Red No. 3: authorization revoked in food and ingested drugs

  • What happened: On January 15, 2025, the FDA announced it was revoking authorization of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The order was published January 16, 2025 (90 FR 4628). The FDA based this on the Delaney Clause, a legal provision that bars color additives found to cause cancer in humans or animals, after studies showed cancer in male rats at high exposures. The FDA also said the way Red No. 3 causes cancer in male rats does not occur in humans.
  • Effective dates: January 15, 2027 (food and dietary supplements) and January 18, 2028 (ingested drugs).
  • Update: Objections filed in 2025 automatically stayed the order. On August 5, 2026, the FDA denied the objections, lifted the stay, and confirmed both effective dates.
  • Also: In April 2025 the FDA asked companies to remove Red No. 3 sooner than those deadlines.
  • Sources: FDA constituent update (Jan. 15, 2025); Federal Register, Jan. 16, 2025; Federal Register, Aug. 5, 2026 (stay lifted); FDA color additive status: Red No. 3.

Voluntary phase-out of petroleum-based dyes

  • What happened: On April 22, 2025, HHS and the FDA announced plans to phase out petroleum-based synthetic dyes from the food supply. The original plan included working with industry to eliminate six dyes (Green No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, and Blue No. 2) by the end of 2026, setting a national standard and timeline, and speeding up approval of colors from natural sources.
  • Update (Oct. 26, 2026): The FDA has since moved the target back a year. Its pledge-tracking page (content current as of October 16, 2026) now says the FDA is working with industry to eliminate these six dyes “by the end of 2027.” This is still a voluntary goal, not a legal deadline.
  • Status: This is a voluntary, industry-cooperation approach. As of this update, these six dyes are still FDA-listed color additives (see FDA status pages, e.g. Red No. 40), and we have not found a federal rule banning them. The FDA keeps a public page tracking company pledges.
  • Sources: FDA press release (Apr. 22, 2025); FDA: Tracking Food Industry Pledges.

Orange B and Citrus Red No. 2

  • Orange B (previously allowed only on hot dog and sausage casings): the FDA issued a final order revoking its listing, published July 23, 2026 and effective September 8, 2026, because its use had been abandoned.
  • Citrus Red No. 2 (previously allowed only on the skins of mature oranges): the FDA proposed revoking it on July 22, 2026. The comment period closed August 24, 2026. As of this update, we have not found a final order.
  • Sources: FDA press release (July 22, 2026); Federal Register: Orange B; Federal Register: Citrus Red No. 2 proposal.

New colors from natural sources, and “no artificial colors” claims

  • May 9, 2025: FDA approved galdieria extract blue and calcium phosphate, and expanded uses of butterfly pea flower extract. (FDA)
  • July 14, 2025: FDA approved gardenia (genipin) blue. (FDA)
  • February 5, 2026: FDA approved beetroot red and expanded uses of spirulina extract. It also said companies may claim “no artificial colors” when a product contains no petroleum-based colors, even if it contains colors from natural sources. (FDA)

State laws

States are listed alphabetically. “School” laws apply to food served or sold in schools, not to grocery stores. Where we relied on a secondary source (a law-firm or legal-tracker summary) rather than the statute itself, we say so.

Arizona: Arizona Healthy Schools Act (HB 2164)

  • What it does: Schools that take part in federally funded meal programs may not serve or sell, or let third parties sell, foods containing listed additives on campus during the school day. The list includes Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3.
  • Dates: Signed April 14, 2025; applies beginning with the 2026–27 school year.
  • Sources: Arizona Legislature, chaptered HB 2164.

California: statewide Red No. 3 ban (AB 418, California Food Safety Act)

  • What it does: Starting January 1, 2027, no one may make, sell, distribute, or offer for sale a food product in California that contains Red dye 3 (as well as brominated vegetable oil, potassium bromate, or propylparaben). Civil penalties of up to $5,000 for a first violation and $10,000 for each later violation.
  • Dates: Signed October 7, 2023; effective January 1, 2027.
  • Sources: Cal. Health & Safety Code §109025; AB 418 bill text.

California: school dye ban (AB 2316, California School Food Safety Act)

  • What it does: California public schools (school districts, county offices, and charter schools serving K–12) may not serve meals, or sell food or beverages, containing Blue 1, Blue 2, Green 3, Red 40, Yellow 5, or Yellow 6. There are limited exceptions for certain fundraising sales off campus or after the school day.
  • Dates: Signed September 28, 2024; takes effect December 31, 2027.
  • Note: This school ban is sometimes confused with AB 418’s January 1, 2027 date. Those are two different laws.
  • Sources: AB 2316 bill text; Governor’s office (Sept. 28, 2024).

California: Real Food, Healthy Kids Act (AB 1264)

  • What it does: Sets up a phase-out of “restricted school foods” and “ultra-processed foods of concern” in schools. State regulations defining them are due by June 1, 2028, with the phase-out running from July 1, 2029 to full restrictions by July 1, 2035.
  • Dates: Signed October 8, 2025.
  • Sources: Governor’s office (Oct. 8, 2025); AB 1264 bill text.

Delaware: Red 40 in schools (SB 69)

  • What it does: School districts and charter schools may not sell or serve breakfast, lunch, or competitive food containing Red No. 40 on campus during the school day.
  • Dates: Signed May 22, 2025; effective July 1, 2026.
  • Sources: Delaware General Assembly, SB 69.

Louisiana: schools and QR-code disclosure (SB 14, amended by SB 57)

  • Schools: Public schools, and nonpublic schools that receive state funds, may not serve food containing listed ingredients, including Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3, starting with the 2028–29 school year.
  • Labels: Food products sold in Louisiana that contain listed ingredients (including certified colors) will need a QR code linking to more ingredient information. A 2026 amendment moved this compliance date to December 31, 2028.
  • Sources: Louisiana Legislature, Act 463 (SB 14) digest; Haynes Boone summary of the 2026 amendment (secondary).

Tennessee: Red 40 in school nutrition programs (HB 134 / SB 476)

  • What it does: School districts and public charter schools may not sell, offer, or provide food or beverages containing Red 40 (Allura Red AC) through their school nutrition programs.
  • Dates: Effective August 1, 2027.
  • Sources: Tennessee General Assembly, HB 134.

Texas: warning-label law (SB 25), blocked for many companies

  • What it does: Requires a warning on food labels developed or copyrighted on or after January 1, 2027 if the product contains any of 44 listed ingredients, including certified food colors. The required text says the product contains an ingredient “not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.”
  • Litigation: Four food and beverage trade groups sued. On February 11, 2026, a federal court in the Western District of Texas issued a preliminary injunction barring the Texas Attorney General from enforcing the law against the plaintiff groups and their members while the case continues, finding a likely First Amendment violation. Texas appealed to the Fifth Circuit on March 5, 2026. The state health department finalized implementing rules on February 20, 2026.
  • Status as of Oct. 18, 2026: Appeal pending; we have not found an appellate decision.
  • Sources: Haynes Boone (Mar. 7, 2026) (secondary); Court order (W.D. Tex., Feb. 11, 2026).

Utah: school foods (HB 402)

  • What it does: Beginning with the 2026–27 school year, public schools may not sell, donate, offer, or serve food containing listed additives, including Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3, on school grounds during the school day. The law has exceptions, for example food parents provide.
  • Sources: Utah Legislature, HB 402; Provo City School District notice.

Virginia: school meals and competitive foods (SB 1289 / HB 1910)

  • What it does: Public elementary and secondary schools may not offer any school meal or competitive food containing Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, or Green No. 3.
  • Dates: Signed March 21, 2025; effective July 1, 2027.
  • Sources: Va. Code §22.1-207.4:3; Virginia Mercury (Mar. 21, 2025).

West Virginia: HB 2354, statewide ban blocked in court, school ban in effect

  • What it does: Signed in March 2025, HB 2354 has two parts. (1) Schools: bans Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3 in meals served in school nutrition programs, effective August 1, 2025. (2) Statewide: treats foods containing those colors (plus BHA and propylparaben) as adulterated, scheduled to start January 1, 2028.
  • Litigation: The International Association of Color Manufacturers sued in October 2025 (IACM v. Singh, S.D. W. Va. No. 2:25-cv-00588). On December 23, 2025, U.S. District Judge Irene Berger granted a preliminary injunction blocking the West Virginia Department of Health from enforcing the statewide ban, finding it likely unconstitutionally vague. The injunction does not cover the school-meal provision, which remains in effect.
  • Appeal: West Virginia appealed to the U.S. Court of Appeals for the Fourth Circuit (No. 26-1085) in January 2026; briefs were filed March through June 2026. The district court case is paused pending the appeal. A 2026 bill meant to fix the law’s definitions (HB 4852) did not pass the state Senate. One legal tracker reports that the appeal was tentatively set for oral argument in the Fourth Circuit’s December 8–11, 2026 session.
  • Status as of Oct. 18, 2026: Statewide ban preliminarily enjoined; school-meal ban in effect; appeal pending, with no appellate decision found.
  • Sources: West Virginia Watch (Mar. 25, 2026); Hyman, Phelps & McNamara summary of the injunction (secondary); District court opinion (Dec. 23, 2025); Fourth Circuit briefs, No. 26-1085; Regbase tracker (updated Sept. 16, 2026) (secondary, for the argument calendar).

Other enacted school-meal laws (secondary source; verifying)

A July 2026 law-firm survey lists these additional school-meal dye laws. We’re working to confirm each one against the statute before giving it a full entry.

  • Alaska (SB 187, 2026): public school breakfast and lunch; listed effective date January 1, 2028.
  • Iowa (HF 2676, 2026): school district breakfast and lunch; listed effective date July 1, 2027.
  • Nebraska (LB 940, 2026): school meals; listed effective date August 1, 2027.
  • New Hampshire (SB 577, 2026): school meals and competitive food; effective in 2028 (sources differ on the exact date).
  • Texas (SB 314, 2025): free and reduced-price school meals; listed as beginning with the 2026–27 school year.

Source: Haynes Boone, Survey of State Legislation (as of July 14, 2026).

How we maintain this tracker

  • We link to the statute, regulation, court docket, or agency announcement whenever we can, and label secondary sources.
  • We show the date of our last review at the top of the page.
  • Pending bills aren’t included until they become law.
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