Clean Label and Trade Regulation: Current Status

FDA compliance deadline for removing FD&C Red No. 3 from food. The FDA revoked authorization on January 15, 2025 under the Delaney Clause. After the deadline, products containing the dye are considered adulterated under federal law.

Corresponding deadline for ingested drugs. Included because manufacturers running both food and supplement lines face two different dates.

California AB 418 takes effect. Prohibits manufacturing, selling, distributing, or holding for sale in California any food containing red dye 3, potassium bromate, brominated vegetable oil, or propylparaben. Note explicitly: AB 418 does not cover Red 40, Yellow 5, Yellow 6, or MSG.

Civil penalties under AB 418 for a first violation and each subsequent violation.

On April 22, 2025, HHS and FDA announced a plan to phase out six petroleum-based synthetic dyes: Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3. State this accurately: this is a voluntary industry commitment, not a formal rule. The FDA has not initiated rulemaking to revoke authorization for these six, and they remain legal. Retailer contracts, not federal law, are what currently drive Red 40 removal.

Share of Mexico's export volume to the United States that qualifies under USMCA, per Mexico's Ministry of Economy. USMCA utilization rose from roughly 45% in early 2025.

USMCA-qualifying goods enter the United States free of the Section 122 surcharge and are also exempt from the merchandise processing fee. For high-volume importers the MPF exemption alone can be material.