The Trump administration has stirred up every corner of the political landscape since taking office on January 20th. His appointment as Secretary for Health and Human Services (HHS), Robert Francis Kennedy Jr. (RFK Jr.), is a well-known anti-vaccine conspiracist. RFK Jr. is also avidly against synthetic food dyes in American products.
That makes it no surprise that the HHS and Food and Drug Administration (FDA) announced an expedited plan to phase petroleum-based dyes out of American food. This move stems from the belief that synthetic food dyes are toxic to the human body, and the knowledge that many products marketed to children contain many of them.
The announcement sets a timeline to remove 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 industry by 2027. It promised to revoke authorization for Citrus Red No. 2 and Orange B by Fall 2025 and remove FD&C Red No. 3 sooner than 2028. This transition might affect a specific class of THC-infused products—emphasis on “might.”
RELATED: Weed reform crusades hit two more states
HHS food dye ban and the cannabis industry
Cannabis products regulated at the state level may be subject to food dyes depending on the individual laws, but none are regulated by the FDA. This means those who shop at local dispensaries may need to continue checking the label on their gummies, drinks, and other brightly-colored edibles. However, another sector of intoxicating THC food and drink could be subject to the updated rules.
Hemp products operating under the 2018 Farm Bill might consider removing synthetic food dyes from recipes preemptively. The Bill dictates that the United States Department of Agriculture (USDA) must regulate hemp cultivation and products grown in states without a program. This department has yet to put any regulatory measures in place for end products, which may have played a part in the resulting boom of intoxicating THC products.
The FDA occasionally steps in to pull cannabis, cannabis-derived, and CBD products off of shelves or correct marketing oversteps. However, there has been a back-and-forth as to whether the agency takes ownership over the monitoring and regulation of the growing hemp space. The question has risen all the way to Congress, where hemp experts begged those in charge to clarify who has the reins on legal hemp.
All that to say, it is a toss-up as to whether these gummies, drinks, chocolates, and other infused foods will be subject to the impending food dye ban. When asked whether the HHS and FDA would include hemp products in this initiative, the Deputy Press Secretary directed GreenState back to the initial press release. However, the release does not answer the question.
Companies that want to avoid a forced bump in the road may consider retooling recipes with natural alternatives now. It is believed to be better for consumers, anyway.
