June 4, 2025
Mrs. Luna (for herself and Mr. Nehls) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Federal Food, Drug, and Cosmetic Act to deem adulterated food containing certain color additives, and for other purposes.
Section 1. Short title
This Act may be cited as the Do or Dye Act
.
Sec. 2. Food containing certain color additives deemed adulterated
(a) In general
Notwithstanding the listing and certification (or exemption in effect with respect to such certification) of any qualified color additive or covered color additive pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e)—
(1)
beginning on December 31, 2025—
(A)
a qualified color additive shall be deemed unsafe for use in or on food within the meaning of subsection (a) of such section; and
(B)
a food that is, or it bears or contains, such a color additive is adulterated within the meaning of section 402(c) of such Act (21 U.S.C. 342(c)); and
(2)
beginning on December 31, 2026—
(A)
a covered color additive shall be deemed unsafe for use in or on food within the meaning of subsection (a) of such section; and
(B)
a food that is, or it bears or contains, such a color additive is adulterated within the meaning of section 402(c) of such Act (21 U.S.C. 342(c)).
(b) Definitions
In this Act:
(1)
The term covered color additive means the following color additives (as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)):
(A)
Red No. 40.
(B)
Yellow No. 5.
(C)
Yellow No. 6.
(D)
Green No. 3.
(E)
Blue No. 1.
(F)
Blue No. 2.
(G)
Any additive that is substantially similar to the additives specified in subparagraphs (A) through (F).
(2)
The term qualified color additive
means the following color additives:
(A)
Citrus Red No. 2.
(B)
Orange B.
(C)
Any additive that is substantially similar to the additives specified in subparagraphs (A) and (B).