Even before Robert F. Kennedy Jr. was picked to be the next Health and Human Services secretary by President-elect Donald Trump, food dyes and chemicals have been the subject of criticism and the focus of regulation. Approximately two months ago, California Governor Gavin Newsome signed a law banning Red Dye No. 40, Yellow Dyes No. 5 and No. 6, Blue Dyes No. 1 and No. 2, and Green Dye No. 3 from food served in the state's public schools beginning December 31, 2027. A year before that, Governor Newsome signed into law the California Food Safety Act which prohibits the manufacture, sale, and distribution of foods in the state containing brominated vegetable oil, potassium bromate, propylparaben, or Red Dye No. 3. Other states including Illinois, Missouri, New York, and Washington are seeking similar bans.

This legislative movement has found a friend in Mr. Kennedy, who has been a harsh critic of the artificial materials that are used in popular products like Fruit Loops, Skittles, Doritos, and some sports drinks and sodas. He has gone so far as to say the dyes used to make the bright colors in these products are “literally poisoning our kids.” He and others contend that other countries, including Canada, have forced food manufacturers to use natural coloring in these products, which are supposedly safer. 

FDA maintains the safety of these artificial dyes and chemicals are supported by substantial science. And the food industry points to their efforts to reformulate some of these products, many of which have been rejected by United States consumers because they lacked flavor and were less visually appealing. In 2016, for example, General Mills rolled out an all-natural version of Trix colored with radishes, purple carrots, and turmeric. In 2017 it reintroduced the original Trix after consumers complained the fruit and vegetable juices produced bland colors and changed the taste. Which begs the question of how much consumers truly care about the debate over the safety of food dyes and chemicals.

I fully expect Mr. Kennedy to aggressively move to regulate and eliminate many of the food dyes and chemicals that are in products that currently line nearly every aisle of the grocery store. And I also expect food manufacturers to fight back, while at the same time undertaking efforts to reformulate certain products to include more natural ingredients. Where we will land in four years is unknown. The journey should be fascinating.