Tag Archives: FDA

Cereal
Beltway Beat

HHS, FDA to Phase Out Petroleum-Based Synthetic Dyes in Foods

By Food Safety Tech Staff
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Cereal

In a room filled with MAHA Moms, the FDA Commissioner Marty Makary and HHS Secretary Robert F. Kennedy, Jr announced a series of new measures to phase out all petroleum-based synthetic dyes from the food supply.

“For too long, some food producers have been feeding Americans petroleum-based chemicals without their knowledge or consent,” said Robert F. Kennedy, Jr. “These poisonous compounds offer no nutritional benefit and pose real, measurable dangers to our children’s health and development. That era is coming to an end. We’re restoring gold-standard science, applying common sense, and beginning to earn back the public’s trust. And we’re doing it by working with industry to get these toxic dyes out of the foods our families eat every day.”

For over a decade, Europe has enforced strict regulations on synthetic dyes Since 2010, foods containing certain synthetic dyes in the EU must carry warning labels stating they “may have an adverse effect on activity and attention in children.” Many dyes commonly used in the U.S. are banned or tightly restricted in Europe, and manufacturers have responded by reformulating products with natural alternatives.

Many foods will need to be reformulated to remove synthetic dyes, including:

  • FRUIT LOOPS (RED 40, YELLOW 6, BLUE 1)
  • WELCH’S FRUIT SNACKS (RED 40, BLUE 1)
  • DORITOS (RED 40, YELLOW 5, YELLOW 6)
  • MOUNTAIN DEW (YELLOW 5)
  • POP TARTS (RED 40, YELLOW 6, BLUE 1)
  • MISSION SPINACH WRAPS (YELLOW 5, BLUE 1)
  • SUCKERS STRAWBERRY SPREAD (RED 40)
  • MT. OLIVE PICKLES (YELLOW 5)
  • NERDS GUMMY CLUSTERS (RED 40, YELLOW 5, BLUE 1)
  • MONSTER ENERGY BLUE HAWAIIAN (BLUE 1)

These are just a few examples-hundreds of familiar products will be affected.

The FDA is fast-tracking the review of calcium phosphate, Galdieria extract blue, gardenia blue, butterfly pea flower extract, and other natural alternatives to synthetic food dyes. The agency is also taking steps to issue guidance and provide regulatory flexibilities to industry.

The FDA is taking the following actions:

  1. Establishing a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives.
  2. Initiating the process to revoke authorization for two synthetic food colorings—Citrus Red No. 2 and Orange B—within the coming months.
  3. Working with industry to eliminate six remaining synthetic dyes—FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2—from the food supply by the end of next year.
  4. Authorizing four new natural color additives in the coming weeks, while also accelerating the review and approval of others.
  5. Partnering with the National Institutes of Health (NIH) to conduct comprehensive research on how food additives impact children’s health and development.
  6. Requesting food companies to remove FD&C Red No. 3 sooner than the 2027-2028 deadline previously required.

“Today, the FDA is asking food companies to substitute petrochemical dyes with natural ingredients for American children as they already do in Europe and Canada,” said FDA Commissioner Marty Makary, MD, MPH. “We have a new epidemic of childhood diabetes, obesity, depression, and ADHD. Given the growing concerns of doctors and parents about the potential role of petroleum-based food dyes, we should not be taking risks and do everything possible to safeguard the health of our children.”

In partnership with the NIH Nutrition Regulatory Science and Research Program, the FDA will enhance nutrition and food-related research to better inform regulatory decisions. This collaboration will strengthen the FDA’s ability to develop evidence-based food policies.

Plastic Bottles
Beltway Beat

FDA Shares Testing Results for PFAS in Bottled Water

By Food Safety Tech Staff
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Plastic Bottles

The U.S. Food and Drug Administration (FDA) shared final results from their testing of domestic and imported bottled water collected at retail locations across the U.S. between 2023 and 2024 and analyzed for per- and polyfluoroalkyl substances (PFAS). The 197 samples included purified, artesian, spring, and mineral waters. Ten of the samples analyzed by the FDA had detectable levels of PFAS, none of which had levels that would have exceeded the maximum contaminant levels (MCLs) set by the Environmental Protection Agency (EPA) for PFAS if detected in public drinking water.

The FDA tested the bottled water samples for 18 types of PFAS, including the six PFAS for which EPA established MCLs in drinking water.  Of the ten samples with detectable PFAS levels, they detected a range of one to four different PFAS in each of the eight domestic bottled water samples, which were either purified or spring water, and a range of one to two different PFAS in each of the two imported bottled water samples, both of which were artesian water. Four of the PFAS detected were at levels below the EPA MCLs for PFAS in drinking water. Two of the PFAS detected do not have EPA MCLs established. The FDA has previously analyzed for PFAS in bottled water through a limited targeted survey (2016)and through the FDA’s Total Diet Study (TDS) samples. Results from the 2016 survey and TDS testing did not detect PFAS in bottled water samples.

Under section 410 of the Federal Food, Drug and Cosmetic Act (FD&C Act), when the EPA establishes new MCLs for public drinking water as part of a National Primary Drinking Water Regulation (NPDWR), the FDA is required to establish a standard of quality regulation for the same contaminants in bottled water, or make a finding that such a regulation is not necessary to protect the public health because the contaminant is not present in water used for bottled drinking water. If the FDA does not establish a regulation nor make a finding that such a regulation is not necessary, then the levels set by EPA’s NPDWR would be considered the applicable regulation for bottled water. The FDA can take action against bottled water that presents a safety concern even if there is no standard of quality for a contaminant.

Beltway Beat

HHS Announces Transformation to Make America Healthy Again

By Food Safety Tech Staff
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The U.S. Department of Health and Human Services (HHS) announced a dramatic restructuring in accordance with President Trump’s Executive Order, “Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative.”

The restructuring will address this and serve multiple goals without impacting critical services. First, it will save taxpayers $1.8 billion per year through a reduction in workforce of about 10,000 full-time employees who are part of this most recent transformation. When combined with HHS’ other efforts, including early retirement and Fork in the Road, the restructuring results in a total downsizing from 82,000 to 62,000 full-time employees.

Secondly, it will streamline the functions of the Department. Currently, the 28 divisions of the HHS contain many redundant units. The restructuring plan will consolidate them into 15 new divisions, including a new Administration for a Healthy America, or AHA, and will centralize core functions such as Human Resources, Information Technology, Procurement, External Affairs, and Policy. Regional offices will be reduced from 10 to 5.

Third, the overhaul will implement the new HHS priority of ending America’s epidemic of chronic illness by focusing on safe, wholesome food, clean water, and the elimination of environmental toxins. These priorities will be reflected in the reorganization of HHS.

Finally, the restructuring will improve Americans’ experience with HHS by making the agency more responsive and efficient, while ensuring that Medicare, Medicaid, and other essential health services remain intact.

FDA will decrease its workforce by approximately 3,500 full-time employees, with a focus on streamlining operations and centralizing administrative functions. This reduction will not affect drug, medical device, or food reviewers, nor will it impact inspectors.

“We aren’t just reducing bureaucratic sprawl. We are realigning the organization with its core mission and our new priorities in reversing the chronic disease epidemic,” HHS Secretary Robert F. Kennedy, Jr. said. “This Department will do more – a lot more – at a lower cost to the taxpayer.”

 

Beltway Beat

FDA Intends to Extend Compliance Date for Food Traceability Rule

By Food Safety Tech Staff
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The U.S. Food and Drug Administration (FDA) announced on its website that it intends to extend the compliance date for the Food Traceability Rule (the “final rule”) by 30 months. The FDA intends to extend the compliance date using appropriate procedures at a later time, including publishing a proposed rule in the Federal Register.

The FDA remains committed to successful implementation of the full requirements of the final rule, as they will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths. Accordingly, the compliance date extension does not amend the requirements of the final rule. Instead, the compliance date extension affords covered entities the additional time necessary to ensure complete coordination across the supply chain in order to fully implement the final rule’s requirements—ultimately providing FDA and consumers with greater transparency and food safety.

The final rule establishes additional traceability recordkeeping requirements (beyond what is already required in existing regulations) for persons who manufacture, process, pack, or hold foods on the Food Traceability List. The final rule requires a higher degree of coordination between members of the food industry than has been required in the past. Therefore, to achieve the full public health benefits of the final rule, all covered entities must be in compliance. Even those few entities who are well positioned to meet the final rule’s requirements by January 2026 have expressed concern about the timeline, in part because of their reliance on receiving accurate data from their supply chain partners, who are not similarly situated. Therefore, FDA intends to allow industry additional time, across all regulated sectors, to fully implement the final rule’s requirements.

The FDA intends to use the extended time period to continue the agency’s work with stakeholders, including by participating in cross-sector dialogue to identify solutions to implementation challenges and by continuing to provide technical assistance, tools, and other resources to assist industry with implementation.

The final rule applies to domestic and foreign entities producing food for U.S. consumption and was issued in 2022 in accordance with the FDA Food Safety Modernization Act.

Food lab
Beltway Beat

HHS, FDA Announce Chemical Contaminants Transparency Tool for Foods

By Food Safety Tech Staff
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Food lab

The U.S. Food and Drug Administration announced in a Press Release, the Chemical Contaminants Transparency Tool (CCT Tool), an online searchable database providing a consolidated list of contaminant levels (e.g., tolerances, action levels, and guidance levels) that are used to evaluate potential health risks of contaminants in human foods. Chemical contaminants include a broad range of chemical substances that may be present in food and that have the potential to cause harm.

To protect public health and help industry market products that are safe for U.S. consumers, the FDA establishes or utilizes tolerances, action levels and guidance levels for some contaminants in food. These are levels above which the agency may find that a food may be unsafe but do not represent permissible levels of contamination. The FDA uses these levels to help minimize or prevent chemical hazards in food.

“Ideally there would be no contaminants in our food supply, but chemical contaminants may occur in food when they are present in the growing, storage or processing environments,” said Acting FDA Commissioner Sara Brenner, M.D., M.P.H. “Because many of the most nutritious foods can also contain contaminants, consumers should eat a variety of nutrient-dense foods across and within the main food groups of vegetables, fruits, grains, dairy and protein to help protect from possible exposure effects.”

The CCT Tool, which provides contaminant levels in one location for ease of searching, is one of the outcomes of the FDA’s initiative to modernize food chemical safety. The consolidated list includes the contaminant name, commodity, contaminant level type (e.g., action level, guidance level), level value and reference (e.g., Code of Federal Regulations, FDA Guidance for Industry). The list can also be filtered by contaminant type.

Baby Bottle
Beltway Beat

HHS, FDA Announce Operation Stork Speed

By Food Safety Tech Staff
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Baby Bottle

The FDA is announced in a Press Release a set of actions and initiatives focused on infant formula, called “Operation Stork Speed” such as beginning the nutrient review process and increasing testing for heavy metals and other contaminants. The agency is also encouraging companies to develop new infant formulas and clarify opportunities to help inform consumers about formula ingredients.

The FDA uses its authorities, both longstanding and newly granted, to uphold the safety, nutritional adequacy and resilience of infant formula and the infant formula supply. With Operation Stork Speed, the FDA is:

  • Starting the nutrient review required by law by issuing a Request for Information in the coming months to start the first comprehensive update and review of infant formula nutrients by the FDA since 1998
  • Increasing testing for heavy metals and other contaminants in infant formula and other foods children consume
  • Extending the personal importation policy
  • Encouraging companies to work with the FDA on any questions regarding increased transparency and clearer labeling
  • Communicating regularly with consumers and industry stakeholders as significant developments occur to ensure transparency, including information regarding nutrients and health outcomes
  • Collaborating with the National Institutes of Health and other scientific bodies to address priority scientific research gaps regarding short- and long-term health outcomes associated with formula feeding in infancy and childhood across the lifespan

“The FDA will use all resources and authorities at its disposal to make sure infant formula products are safe and wholesome for the families and children who rely on them,” said HHS Secretary Robert F. Kennedy, Jr.

Vulto Creamery Cheese
Beltway Beat

FDA Provides Update on the Federal-State Milk Safety System

By Food Safety Tech Staff
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Vulto Creamery Cheese

The FDA is sharing interim results from its ongoing sampling of 60-day aged raw milk cheese. As of March 10, 2025, 110 samples of the planned 299 have been collected. Of those 110 samples, 96 were negative by PCR (meaning that H5N1 was not detected in the analyzed samples), and 14 are still in progress. Final results are expected later this spring.

In addition, the preview appearing in a published pre-print of the research funded by the FDA and New York State and conducted at Cornell University suggests that aging raw milk cheese for 60 days or longer is not effective at eliminating H5N1. The previewed findings also suggest that either heat treating raw milk to adequate parameters or manufacturing cheese at or below a pH of 5.0 could be effective at inactivating H5N1.

To read more about this research and to see recommendations for industry and consumers from the FDA, visit: Investigation of Avian Influenza A (H5N1) Virus in Dairy Cattle

Beltway Beat

RFK Jr Moves to Eliminate GRAS and Synthetic Dyes

By Food Safety Tech Staff
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HHS Secretary Robert F. Kennedy Jr. directed the acting FDA commissioner, to take steps to explore potential rulemaking to revise its Substances Generally Recognized as Safe (GRAS) Final Rule and related guidance to eliminate the self-affirmed GRAS pathway. According the HHS website, this will enhance the FDA’s oversight of ingredients considered to be GRAS.

“For far too long, ingredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals, often with unknown safety data, to be introduced into the U.S. food supply without notification to the FDA or the public,” said Secretary Kennedy. “Eliminating this loophole will provide transparency to consumers, help get our nation’s food supply back on track by ensuring that ingredients being introduced into foods are safe, and ultimately Make America Healthy Again.”

Eliminating the self-affirmation process would require companies seeking to introduce new ingredients in foods to publicly notify the FDA of their intended use of such ingredients, along with underlying safety data, before they are introduced in the food supply.

“The FDA is committed to further safeguarding the food supply by ensuring the appropriate review of ingredients and substances that come into contact with food,” said Acting FDA Commissioner Sara Brenner, M.D., M.P.H. “The FDA will continue to follow our authorities and leverage our resources to protect the health of consumers to ensure that food is a vehicle for wellness.”

The statement said, HHS is committed to working with Congress to explore ways legislation can completely close the GRAS loophole.

Synthetic Dyes DOA

On Monday, in his first meeting with top executives from PepsiCo, W.K. Kellogg, General Mills and other large companies, Secretary Kennedy bluntly told them that a top priority would be eliminating artificial dyes from the nation’s food supply according to a NY Times article.

In a letter to it’s members, Melissa Hockstad the Consumer Brands Association’s President wrote “Decision time is imminent” According to the letter, Mr. Kennedy also warned food companies that they should anticipate significant change as a result of his quest for “getting the worst ingredients out” of food. And while Mr. Kennedy said in the meeting that he wanted to work with the industry, he also “made clear his intention to take action unless the industry is willing to be proactive with solutions,” according to the Hockstad letter.

Beltway Beat

FDA names Kyle Diamantas J.D. as new Acting Deputy Commissioner for Human Foods

By Food Safety Tech Staff
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U.S. Food and Drug Administration has announced food and beverage attorney Kyle Diamantas is the new acting deputy commissioner for human foods. He replaces Jim Jones, who resigned last week in protest of staffing cuts.

FDA’s leadership webpage was updated this week to include Mr. Diamantas and stated that as the Acting Deputy Commissioner for Human Foods, he leads the agency’s Human Foods Program, overseeing all FDA nutrition and food safety activities. In this role, Mr. Diamantas exercises authority over all Human Food Program entities and operations, including resource allocation, risk-prioritization strategy and decision making, policy initiatives, and major response activities involving human foods. Mr. Diamantas also oversees food resources in the agency’s Office of Inspections and Investigations.

As the FDA’s top food executive, Mr. Diamantas sets the strategic direction and operations for food policy in the U.S., while serving as a critical liaison between the agency, Department of Health and Human Services, and The White House. He also represents the agency on food activities and matters in dealings with foreign governments and international organizations.

Mr. Diamantas has extensive experience working with various federal and state agencies and policy makers, scientific organizations, consumer advocacy groups, and industry stakeholders. Prior to coming to FDA, Diamantas worked at the law firm Jones Day. He has wide-ranging experience on matters spanning regulatory, compliance, investigative, enforcement, rulemaking, and legislation. Mr. Diamantas holds a juris doctor from the University of Florida Levin College of Law and a bachelor’s in pre-law political science from the University of Central Florida.

The announcement appears to conflict HHS Secretary Robert F. Kennedy Jr’s pledge to shut the revolving door between industry and government. According to the website, Lawtally, prior to working at Jones Day, Diamantas was a senior associate at Baker, Donelson, Bearman, Caldwell & Berkowitz. He focused his practice on civil litigation and regulatory compliance, with an emphasis on United States Food and Drug Administration (FDA), United States Federal Trade Commission (FTC), and state equivalent regulatory and compliance issues and disputes.

He assisted in the representation of drug, device, cosmetic, dietary supplement, food, and consumer product manufacturers and supply chain participants on issues involving labeling, advertising, regulatory and quality compliance, and in transactions and litigation involving products and companies subject to FDA and FTC regulation.

 

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Beltway Beat

Sweeping FDA Cuts Hit Food Safety Staffer’s Inboxes

By Food Safety Tech Staff
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The Guardian reported that the Trump administration’s effort to slash the size of the federal workforce reached the Food and Drug Administration this weekend, as recently hired employees who review the safety of food ingredients, medical devices and other products were fired. Probationary employees across the FDA received notices on Saturday evening that their jobs were being eliminated.

On February 15, numerous probationary staff at FDA began receiving emails notifying them they had been fired. CBS News obtained a letter that outlined the reasons that staff at the Department of Health and Human Services (HHS) were given for their firing.

“Unfortunately, the Agency finds that you are not fit for continued employment because your ability, knowledge and skills do not fit the Agency’s current needs, and your performance has not been adequate to justify further employment at the Agency,” said the letters.

This action lead to Jim Jones, FDA’s deputy commissioner for human foods, resigning from his post at the agency, in protest over sweeping staff cuts.  See Related Story.

The NY Times reported Robert F. Kennedy, Jr. the Head of HHS made his first address on Tuesday to employees of the Department of Health and Human Services. He said that a commission established by Trump to look into the rise of chronic disease in the United States would scrutinize the factors he has cited in the past: the childhood vaccine schedule, electromagnetic radiation, pesticides, ultra-processed foods, artificial food allergens, psychiatric drugs and microplastics. “Nothing is going to be off limits,” Kennedy said.

The recent cuts at FDA include staffers responsible for reviewing the safety of new food additives and ingredients, according to an FDA staffer familiar with the firings.