A House Bill Would Ban Every Batch-Certified Synthetic Dye

Rep. Nancy Mace (R-S.C.) has introduced two House bills that would write bans on synthetic food dyes and three common preservatives into federal law. The Eliminating Dangerous Color Additives Act (H.R. 10936), introduced Oct. 29, covers every color additive that requires batch certification by the Food and Drug Administration (FDA). The Eliminating Dangerous Preservatives Act (H.R. 10913), introduced Oct. 26, targets BHA, BHT and TBHQ.

TLDR

• H.R. 10936 would require the Secretary of Health and Human Services (HHS) to deem certified color additives and their lakes unsafe for use in food, drugs, medical devices and cosmetics, starting two years after enactment.
• H.R. 10913 would make any food for people adulterated if it contains any amount of butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT) or tert-butylhydroquinone (TBHQ), also two years after enactment.
• Both bills went to the House Energy and Commerce Committee. Mace is the only sponsor named on either bill as introduced.
• FDA’s voluntary target for removing the six remaining synthetic dyes from food is the end of 2027.

What the Dye Bill Covers

The bill reaches color additives subject to certification under Part 74 of FDA’s regulations, plus their certified lake forms. Mace’s office named Red No. 40, Yellow No. 5 and Blue No. 1, and pointed to cereal, candy, sports drinks, children’s medicine and cosmetics.

Colors exempt from certification, a group that includes many plant-based colors, are not covered. Within three years of enactment, FDA would have to report to Congress on industry reformulation, the regulations it changed and any further steps it recommends.

What the Preservatives Bill Covers

H.R. 10913 amends the adulteration section of the Federal Food, Drug, and Cosmetic Act. It would apply to food shipped across state lines starting two years after enactment, and FDA would have two years to write rules to carry it out. A report on implementation and reformulation would follow within three years.

FDA opened its own reassessment of BHA on Feb. 10, 2026, with a request for information on whether the preservative is safe as currently used. The National Toxicology Program lists BHA as reasonably anticipated to be a human carcinogen, based on animal studies. FDA said label data show BHA use has declined, though it is still found in many products, including some marketed to children. In February, FDA Commissioner Marty Makary said the agency expects to assess BHT once its BHA review is complete.

Where Federal Dye Policy Stands

FDA has already revoked Red No. 3, with a food deadline of Jan. 15, 2027. For Red No. 40, Yellow No. 5 and 6, Blue No. 1 and 2, and Green No. 3, FDA relies on voluntary pledges. Its tracker, current as of Oct. 16, 2026, lists 32 entries from companies and trade groups and gives an end-of-2027 target. FDA had first set an end-of-2026 goal.

Mace’s bill would turn that voluntary path into a legal requirement. It would also extend the change to drugs, medical devices and cosmetics, which the food pledges do not cover.

Why It Matters

Both bills are at the first stage of the legislative process, and neither has moved beyond committee referral. Many food companies are already working toward the 2027 dye target on their own, and FDA is reviewing BHA. If the bills advance, the companies that have already reformulated would face the shortest path to compliance.

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Sources: H.R. 10936, GovInfo, H.R. 10913, GovInfo, Office of Rep. Nancy Mace (dyes), Office of Rep. Nancy Mace (preservatives), FDA pledge tracker, FDA BHA reassessment bulletin.