US Government sets deadline for using synthetic red dye in drinks

A deadline to stop alcohol producers using the dye known as FD&C Red No. 3 has been set for 15 January 2027. But what does this mean for the drinks industry? db finds out.

This week, The Alcohol and Tobacco Tax and Trade Bureau (TTB) revealed that the US Department of Health and Human Services and the US Food and Drug Administration has started working with the alcoholic drinks sector to remove petroleum-based synthetic dyes from products such as spirits, wine and beer. The plan is to prepare the industry for the changes and to make the switch to approved colour additives to be used in drinks instead.

Reformulating recipes

From 15 January 2027, FD&C Red No. 3 will no longer be allowed in foods, including alcohol products leading to many members reformulating each of their drinks recipes entirely.

In July 2025, the FDA had already started to encourage manufacturers to begin to phase out FD&C Red No. 3 before the deadline in a bid to move towards natural colour additives. As part of the transition, FDA has also gone so far as to approve several new colour additives derived from natural sources to give the sector a raft of alternatives.

For instance, according to reports, on 9 May, the agency granted three new colour additive petitions and a fourth petition was granted on 17 July. As a rule, under the Federal Food, Drug, and Cosmetic Act, all colour additives currently require FDA pre-market approval before being used in food and drink products.

Alternatives will be available

To offer up alternatives, petitioners need to accurately submit data to show that the additives are safe and suitable for its intended use with plenty of time for approval. Then, once FDA approves a petition and issues a regulation, drinks producers can then use the additive within the rule guidelines.

One example that the FDA recently offered, as noted in recent reports, included butterfly pea flower extract which received approval for certain uses that include colouring alcoholic drinks.

A colour additive approved for use in food generally may be used in alcoholic drinks unless the regulation states otherwise. But, the FDA warned that, despite this, many regulations limit a colour additive to specific items and if the regulation does not list alcoholic beverages as an intended use, producers may not use it in spirits, wine or beer.

Producers will, from hereon in, need to review each colour additive regulation carefully to confirm whether alcohol use is indeed authorised.

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