Our good buddies Virginia and West Virginia have turn out to be the primary states within the nation to limit the supply of meals containing sure artificial colours (or in FDA parlance, sure colours topic to certification). You may learn extra in regards to the particulars right here and right here. Though the states cited issues over security, FDA had continued to face behind the protection of artificial colours – together with the just lately banned Purple No. 3, which fell sufferer to the Delaney clause. (You may learn up on that decidedly unscientific commonplace right here.)
Regardless of. FDA’s stance on the protection of artificial colours not appears determinative. A few weeks in the past, Politico reported on a gathering between HHS Secretary Kennedy and meals business executives by which the Secretary pressed for discontinuance of artificial colours. The state bans – and there are extra looming – add appreciable gasoline to that fireside.
Misplaced within the face of this onslaught is the truth that the FD&C Act lays out a deliberate course of for revocation of the approval of a shade additive. That might immediate one to discover authorized theories in assist of a problem to those bans, however that presumes {that a} worthy challenger could be prepared to step ahead. Within the present setting, such a challenger would want a mighty thick pores and skin. The extra life like query left to ponder is which substances or lessons of substances might be focused subsequent.
