FDA Relaxes Enforcement for 'No Artificial Colors' Labeling Claims and Expands Approval of Two Naturally Derived Color Additives

On February 5, 2026, the U.S. Food and Drug Administration (FDA) announced that food manufacturers will now have greater flexibility to use a “no artificial colors” claim when the products do not contain petroleum-based colors. 

Previously, manufacturers were generally only permitted to make such claims when their products had no added color whatsoever, whether derived from natural sources or otherwise. The FDA also announced that it will allow for the expanded use of two additional color additives derived from natural sources, beetroot red and spirulina extract. 

What Happened?

Consistent with the FDA’s stated intention to encourage use of naturally derived color additives, the agency issued a letter to industry announcing its intent to exercise enforcement discretion under the Federal Food, Drug, and Cosmetic Act (FDCA) against food manufacturers making voluntary labeling claims—such as “no artificial colors” or “made without artificial coloring”—if the product does not contain any FDCA “certified colors.” While all color additives must receive FDA approval before they are used in food products, certain colors—those enumerated in 21 C.F.R. Part 74—may be used only if they are from batches that the FDA has certified.

The FDA likewise approved two petitions to increase the number of alternative food color options, including the approval of beetroot red, a new color option, and expanded uses of spirulina extract, an existing color additive derived from algae. This brings the total number of new food color options approved under the current administration to six. 

Separately, in a concurrent letter, the agency reminded manufacturers that they bear responsibility to ensure their products’ color additives comply with all other applicable legal and regulatory requirements, including identity and purity specifications. 

What Does This Mean for Food Businesses?

As an immediate effect of the FDA’s new enforcement discretion and expanded approvals, manufacturers now have more opportunities to label products as containing “no artificial colors.”

As a second order effect, the FDA’s recent activity may affect class-action litigation targeting “no artificial color” representations. At least 50 putative class actions have been filed in the last five years challenging products featuring “no” or “free from” claims. While the vast majority of these cases specifically target the products’ claims about the absence of artificial flavors or preservatives (e.g., “no artificial flavors, colors, or preservatives”), label claims like “natural” or “plant-based” have also triggered scrutiny over the inclusion of color additives specifically.

The FDA’s recent announcement about enforcement discretion on “no artificial colors” provides helpful context for manufacturers defending against litigation challenging a “no artificial colors” claim. Courts can consider such FDA guidance when assessing whether a label could mislead a reasonable consumer. 

In sum, the FDA’s recent announcement is helpful fodder for defendants facing challenges to “no artificial color” labeling claims. Manufacturers should nevertheless continue to ensure the identity and purity of color additives and substantiate associated claims—including meeting applicable requirements to make a “no artificial color” claim—to help manage risk from the outset. Partnering with trusted counsel can help interpret evolving guidance and align labeling practices with applicable requirements to mitigate risk.