Update for Big Food: FDA Announces New Policy on “No Artificial Colors” Labeling

On February 5, 2026, the U.S. Food and Drug Administration (FDA) issued a letter to food manufacturers announcing a new enforcement discretion policy regarding voluntary “no artificial colors” labeling claims for foods intended for human consumption.  The letter does not change existing statutes or regulations but instead clarifies how FDA intends to enforce them going forward. 

Enforcement Discretion Policy

FDA stated that it does not intend to take enforcement action under Section 403(a)(1) of the Federal Food, Drug, and Cosmetic Act (FD&C Act)—the misbranding provision—when a food bears certain voluntary claims so long as the food does not contain any FDA-certified (petroleum-based synthetic) colors listed in 21 C.F.R. Part 74. 

The specific labeling claims covered by this enforcement discretion are:

• “Made without artificial food colors/colorings”
• “No artificial color/colors/coloring”
• “No added artificial color/colors/coloring”

Foods containing FD&C certified colors remain outside the scope of this policy and may not use these claims. 

Rationale for the Policy Shift

FDA explained that the agency’s longstanding regulatory definition of “artificial color” does not distinguish between naturally derived color additives and synthetic certified colors, which has complicated industry efforts to move away from certified colors.  FDA acknowledged that this framework could be confusing for consumers and discouraging for manufacturers seeking to use natural color alternatives. 

The enforcement discretion is intended to support FDA’s broader initiative to encourage the transition away from certified colors and toward naturally derived alternatives, many of which have recently received FDA approval or expanded authorization. 

Important Limitations

FDA emphasized that:

• The policy does not amend the FD&C Act or FDA regulations.
• Manufacturers remain responsible for ensuring that all labeling is truthful, not misleading, and compliant with other applicable federal requirements.
• FDA’s existing flexibility regarding the use of the term “artificial” in ingredient statements remains unchanged. 

Bottomline

The February 5, 2026 letter provides regulatory flexibility—but not a legal safe harbor—for food manufacturers that eliminate FD&C certified colors.  While FDA signals it will not pursue enforcement for specified “no artificial colors” claims under federal law, companies must still manage compliance risks, including potential state law or private litigation exposure.