In a further retreat from its pledge to ban artificial dyes from food, Donald Trump’s Food and Drug Administration (FDA) announced that it would loosen labeling requirements to allow companies to state “no artificial colors”, even though products may contain some dangerous substances such as titanium dioxide.

The FDA in early February announced it would allow food makers to claim “no artificial colors” as long as the dyes are not petroleum-based, but health experts say even some naturally based additives present health risks, and the labeling would deceive consumers.

The move comes after the agency in 2025 began pressuring companies to phase out petroleum-based dyes, but stopped short of putting in place a ban. Removing toxins from food is a cornerstone of the Robert F Kennedy led Maha movement. Kennedy is the secretary of the US Department of Health and Human Services, which holds the FDA, and he quickly zeroed in on dye upon taking office last year.

The FDA agreed to what critics label a “handshake” with big food to stop using the dyes, though Kennedy framed it as “an understanding”. Some candy makers still are refusing to fully stop using artificial dyes.

The latest decision around labeling “is going to cause confusion and allow some companies to mislead folks about the colors that are present in their foods”, said Thomas Galligan, principal scientist with the Center for Science in the Public Interest, which researches food dyes.

“It’s frustrating, especially when the rhetoric suggests they are solving the problem, but in practice they’re just letting industry do whatever they want,” Galligan continued, adding that the rules were already so loophole-ridden that there were other ways that companies could deceive consumers. The most effective measure to protect consumers is a ban, he said.

Kennedy defended the move in a statement: “This is real progress. We are making it easier for companies to move away from petroleum-based synthetic colors and adopt safer, naturally derived alternatives. This momentum advances our broader effort to help Americans eat real food and Make America Healthy Again.”

Consumer Brands, a trade group for packaged foods, applauded the move, stating that it “is a positive example of the FDA taking the lead on ingredient safety and transparency”.

Kelly Ryerson, Maha advocate and author, praised the FDA for taking the first step to pressure industry to move away from dyes, calling it “enormous”. But she told the Guardian she is concerned about confusion over the labeling, and added: “I would like to see these things banned permanently.”

Synthetic dyes are linked to ADHD and hyperactivity in children, among other health harms. The FDA banned Red Dye 3 in January 2025, before Kennedy took over the agency, because studies found it likely caused cancer in lab rats.

West Virginia has since banned some synthetic dyes, and Texas passed a law to require warning labels. More than 25 states are considering new bans on synthetic food dyes and other food chemical additives.

Among naturally derived dyes are beet juice, beet powder, algae and butterfly pea flower. While most naturally derived dyes are generally safer than petroleum-based, some can be dangerous.

“As a foundational concept, natural doesn’t mean safe,” Galligan said, which contradicts the average consumers’ assumptions.

He noted that lead and arsenic, two of the planet’s most toxic substances, are naturally occurring, though they are not used in food dyes.

Among natural dyes used in foods that advocates find most concerning is titanium dioxide nanoparticles added to brighten whites, or effectively serve as a primer for other colors. The toxic substance is banned in the European Union for use in food because regulators could not conclude that it is safe, and raised concern that it damages genes.

It is a potential carcinogen that accumulates in organs and is linked to neurotoxicity, intestinal inflammation, reproductive damage, birth defects and other health impacts.

Titanium dioxide is widely used across the US food system. The Environmental Working Group nonprofit has found nearly 2,000 products in which the chemical may be used, though some estimates are as high as 11,000. The largest subgroups included candy, cakes, cookies, and desserts or dessert toppings.

The FDA so far has ignored a petition filed in 2023 by five major US public health advocacy groups that asks it to withdraw its approval of titanium dioxide for use in food.

Meanwhile, naturally derived caramel color can contain 4-MEI, an impurity linked to cancer that is produced during processing. Food companies will be able to state that products that contain these ingredients have “no artificial flavors”.

EWG co-founder Ken Cook said the shift ultimately represents “another broken promise” from Kennedy and Trump.

“They pledged outright bans on dangerous food chemical additives to their Make America Healthy Again base,” Cook said.

“Instead, states are doing the hard work to protect families, while Kennedy settles for handshake deals with big food and chemical companies – agreements with no real accountability and no guarantee they’ll be honored.”