FDA Puts Orange B on the Chopping Block

Akin Gump Strauss Hauer & Feld LLP

Last week, the U.S. Food and Drug Administration (FDA) issued a proposed rule to revoke the color additive listing for Orange B, a synthetic dye historically used on the casings and surfaces of frankfurters and sausages. This action is part of the broader “Make America Healthy Again” (MAHA) initiative to phase out petroleum-based foods from the American food supply by the end of 2026 and efforts to modernize the agency’s regulations.

Notably, no batches of Orange B have been certified or requested for use since 1978, signaling that the industry has long since abandoned its use. Based on this, FDA tentatively concludes that the color additive listing for Orange B is “outdated and unnecessary”. If finalized, the rule would revoke the authorization entirely, meaning that any use of the color additive in food after its certification lapses and the listing is removed would render the product adulterated under the Federal Food, Drug, and Cosmetic Act (FDCA).

Unlike the recent revocation of the FD&C Red Dye No. 3 listing, the proposed revocation of Orange B is largely administrative in nature, given the apparent absence of any known commercial use in decades.

Public comments on the proposed rule are due on or before October 17, 2025.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Akin Gump Strauss Hauer & Feld LLP

Written by:

Akin Gump Strauss Hauer & Feld LLP
Contact
more
less

What do you want from legal thought leadership?

Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:

Akin Gump Strauss Hauer & Feld LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide