President Donald Trump’s administration and Secretary of Health and Human Services Robert F. Kennedy Jr. have focused on the threat of artificial food dyes, promoting natural alternatives instead. However, confusion remains regarding the administration’s next steps.
When Kennedy announced an artificial food dye ban in late April, it was difficult to determine its precise nature, with news outlets offering different takes on the executive action. News outlets calling the move a “ban” included BBC, the Los Angeles Times, the New York Times, and USA Today. ABC, NPR, and the Washington Post described it as a “phase-out” of artificial dyes.
So, which is it? The Food and Drug Administration’s April 22 news release contains some ambiguous language. Unlike some reports, the release does say “phase-out,” and the word “ban” never appears. The news release from the FDA details six “actions” it will take.
The first is to “establish a national standard and timeline” for the food industry to “transition” from petroleum-based dyes to natural alternatives. The second indicates it will be “initiating the process to revoke authorization” for two dyes, which will occur “within the coming months.” So, in the coming months, the FDA will start a process.
The third measure begins with “working with industry to eliminate” a half-dozen other dyes. It continues using language that doesn’t clarify what the agency wants explicitly to have happen.
The remaining actions do the same, with one saying it will “partner” with the National Institutes of Health to research how dyes affect children’s health and development. However, in the same release, Kennedy calls the dyes “poisonous” and claims they pose “measurable dangers” to children’s health and development. What’s the research for if Kennedy has already concluded it does, negatively, affect children?
When Kennedy recently testified before the House Appropriations Committee, he got into a terse exchange with Rep. Rosa DeLauro (D-CT), the panel’s ranking member. At one point, he told her, “You say that you’ve worked for 20 years to get food dye out. Give me credit! I got it out in 100 days!”
However, questions remain regarding precisely how the administration will make that happen. Recent Supreme Court rulings, such as Loper Bright Enterprises v. Raimondo, commonly referred to as Chevron, based on the original 1984 ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., and West Virginia v. EPA, have curtailed executive agency authority to implement rules and regulations without specific authority from Congress.
That could explain the vague language in the release rather than a directed ban. Such a move would likely face legal scrutiny and be ensnared in the courts for several years. Without any clear enforcement mechanism, companies that use dyes in food could go through the motions with the administration while continuing to use dyes in perpetuity.
For Trump, the show and the appearance of “winning” matter more than actual policy, so it wouldn’t surprise anyone if the release is where it all ended, along with a declaration of victory.
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Kennedy, of course, is a true believer. Trump’s recent nomination of Casey Means for surgeon general also reflects this belief. Means is an advocate for “metabolic health.” She authored the book Good Energy, which explores the supposed link between metabolism and overall health. In an Instagram post, she said 90% of diseases, such as Type 2 diabetes, cancer, Alzheimer’s, arthritis, and other afflictions, result from “dysfunction in our body’s fundamental ability to produce energy.” Means is also an advocate for doing away with food dyes. She referred to them as “toxic” in an October 2024 newsletter.
It is possible the duo won’t let the issue lie, even if Trump declares it a win. If that is the case, it could create a political fight — one within the administration.