Do or Dye Act

The Do or Dye Act would amend the Federal Food, Drug, and Cosmetic Act to treat foods containing certain color additives as adulterated. The bill creates two categories of color additives: “qualified color additives” and “covered color additives.” Beginning December 31, 2025, foods containing any qualified color additive would be deemed unsafe and adulterated. Beginning December 31, 2026, foods containing any covered color additive would be deemed unsafe and adulterated. This would apply notwithstanding any existing listing or certification of these additives. The bill defines which additives fall into each category, and it includes substances that are similar to those listed (substantially similar) in both groups. In short, the bill would progressively ban or prohibit the sale of foods containing these specified color additives, treating such foods as adulterated under current law after the stated dates. This would require reformulation or removal of these additives from food products to avoid enforcement actions.