Food companies broke their promises to ditch dyes before. Now, a vague “understanding” with the FDA leaves room for them to do it again.

The FDA claims to have an 'understanding' on dyes. Will companies backtrack?

When the US Department of Health and Human Services announced, “FDA to Phase Out Petroleum-Based Synthetic Dyes,” we expected that to be true—that is, we expected the FDA to ban synthetic dyes like Red 40, Yellow 5, and Blue 1. Instead, HHS Secretary Robert F. Kennedy Jr. clarified that the agency had reached an “understanding” that industry, not the FDA, would voluntarily phase out dyes. There apparently will be no FDA rule, regulation, or even a formal agreement with industry to hold them accountable.

Federally, harmful food dyes will remain legal in the US, and consumers are supposed to trust industry to hold themselves accountable—a task companies have already failed before.

The food industry has a track record of broken promises when it comes to phasing out synthetic dyes. In the 2010s, food giants like Kellogg’s and Mars leaned into Americans’ desire for “cleaner” food by pledging to remove ingredients like artificial colors and flavors from their products. Once the fanfare faded, most companies reneged, quietly abandoning their promises and keeping dangerous dyes in our children’s food despite knowing the risks.

So, will Secretary Kennedy’s “understanding” with industry work, or is it naïve to believe that food companies won’t backtrack?

State legislation banning synthetic dyes snowballed after California banned Red 3 in 2023 and prohibited schools from serving the remaining synthetic dyes in 2024. Over twenty states have introduced legislation to limit synthetic dyes, and West Virginia became the first to pass legislation banning these dyes from food statewide. Food companies will soon be forced to reformulate their products nationwide or create multiple versions for different states.

But inertia and inaction are the easier paths forward—companies will likely not move completely away from synthetic dyes until legally obligated to do so. So far, few companies have come forward to confirm the “understanding” with the FDA. PepsiCo, for example, announced that it would phase out dyes from Lay’s and Tostitos brands by the end of 2025. However, few of these brands’ products are synthetically dyed, and PepsiCo made lukewarm commitments to move to natural colors, “or at lease provide consumers with natural color options,” for the rest of its portfolio, which includes dye-heavy brands like Doritos, Gatorade, and Mountain Dew.

Meanwhile, the Consumer Brands Association—a trade group representing food industry giants like PepsiCo and Kellogg’s—issued a statement defending dyes. They argued that “the ingredients used in America’s food supply have been rigorously studied following an objective science and risk-based evaluation process and have been demonstrated to be safe.” While the Association mentioned an interest in increasing the use of “alternative ingredients,” it stopped short of pledging to help move its members away from synthetic dyes altogether.

In short, despite the FDA’s plans, it’s unclear whether there are real commitments to phasing out synthetic dyes happening behind the scenes. But even if companies do pledge to nix dyes, what happens when the public attention fades? What’s to stop them from quietly dropping their commitments down the line? After all, they’ve broken promises before.

Keep reading to learn about the precedent for food giants to backtrack on food additive commitments and how CSPI is fighting for safer food.

Food dyes are pervasive in foods in the US

Despite clear evidence of their risks, food dyes are still federally permitted and widely used in foods in the United States. The FDA has revoked the use of just one widely used dye—Red 3—after the agency itself concluded that the dye causes cancer in animals in 1990. CSPI filed a 2022 petition asking the agency to ban the dye, and it finally did under the Biden administration in January 2025. That ban does not go into effect until 2027 for food and 2028 for oral drugs. While an important step, the remaining synthetic dyes can be harmful to some children. A report by California’s Office of Environmental Health Hazard Assessment found that consumption of synthetic food dyes can cause hyperactivity and other neurobehavioral problems in some kids, potentially having long term impacts on their academic and social success.

While states have stepped up to protect children from synthetic dyes in the face of FDA inaction, Americans want and deserve a safer overall food supply.

Companies to watch out for

In the face of the FDA’s “understanding” with food giants to phase out dyes, CSPI is turning a keen eye on companies with a history of broken promises. We are calling on companies to uphold their clean label promises and put consumer health over profit:

Kellogg’s: In 2015, Kellogg’s pledged to remove all artificial colors and flavors from its cereal and snack bars by 2018. Yet in 2025, two of the company’s self-described iconic brands—Froot Loops and Apple Jacks—contain Red 40, Blue 1, Yellow 5, and Yellow 6. Meanwhile, Froot Loops in the European Union are formulated with carotenes instead of artificial color, and Canadian Froot Loops are colored with concentrated fruit juice.

Kellogg’s has blamed consumers for the company’s decision to break its Clean Labels Promises, citing better reception to naturally colored cereals in the Canadian market than in the United States. But Americans want dyes out of their food, too—in October, hundreds of people protested outside of WK Kellogg Co’s Michigan headquarters, demanding that Kellogg’s remove artificial dyes from their cereals and make good on their promise.

Mars: In 2016, Mars pledged to remove artificial colors from its entire food portfolio within five years. Mars failed to meet this goal, and in 2021, they announced that only their dinnertime foods will omit synthetic colors. Snacks and candy, which often appeal to children, remain artificially dyed.

Mars products include longtime favorites, like M&Ms and Skittles, which together contain five out of seven commonly used dyes (Red 40, Yellow 5, Yellow 6, Blue 1, and Blue 2; plus, Skittles contain the whitener titanium dioxide). Artificial dyes can also be found in less obvious Mars products, like Combos cracker and pretzel snacks (four out of six flavors contain dyes).

Like Kellogg's, Mars shifted the blame to consumers for the company breaking their promise, claiming American consumers are not concerned with artificial dyes. But Mars has made a concerted effort to remove artificial colors in Europe—where products containing certain artificial dyes must display a warning label—while leaving harmful dyes in American candy and snacks.

Walmart: In a 2017 Global Responsibility Report, Walmart outlined a commitment to improve ingredients in the US, including removing synthetic colors and artificial flavors “from products in which consumers don’t expect to find them.” Yet the company did not appear to set a deadline to meet the commitment, and its food additive promise is no longer top-of-mind for the company: it has not mentioned synthetic dyes or artificial flavors in any of its Global Responsibility Reports since 2018.

So, did Walmart go through with its commitment? Over seven years later, the answer is no.

Walmart’s Great Value private brand sells numerous sauces, dips, and condiments containing artificial dyes, including caramel color, a dark-hued dye that CSPI recommends avoiding based on contamination with cancer-causing compounds, and titanium dioxide, a whitener linked to DNA damage. These products include Walmart's Honey Mustard Dipping Sauce (Yellow 5, caramel color), Salsa Con Queso Cheese Dip (Yellow 5, Yellow 6), and Cocktail Sauce (Red 40, Yellow 6). Great Value dinnertime foods also contain dyes and whiteners, including Mozzarella Cheese Sticks (caramel color), Beef Ravioli (caramel color), and Original Macaroni & Cheese (titanium dioxide). While consumers might expect to find artificial dyes in their technicolor sweets, they’re unlikely to expect them on their dinner plates.

How CSPI is fighting for safer food

We urge companies like Kellogg’s, Mars, and Walmart to make good on their commitments. While RFK Jr.’s unsupported declaration of an “understanding” with food companies offers no guarantees, we hope that companies will listen. In the meantime, CSPI will continue to advocate for the FDA to protect public health by regulating harmful food additives. Until we see real change on the federal level, CSPI will support state legislation that not only limits dangerous chemicals but also repairs our broken food chemical regulatory system.

But let’s be clear: the FDA’s inaction on dyes is just a symptom of a broader threat to public health. The numerous firings, rehiring, and cuts to the FDA make real safety reform that much harder to accomplish. While RFK Jr. draws attention to dyes, the Trump administration is systematically defunding and dismantling the very public health infrastructure that keeps our food and our families safe.

CSPI is actively fighting back—working in coalitions, pursuing legal action, and mobilizing public support to defend science-based agencies like the FDA, USDA, and CDC from political interference and budget cuts. Learn more about how to support our efforts here.