When is the deadline to phase out Red 40?

There is no binding federal deadline to remove FD&C Red No. 40 (Red 40) from food products. Instead, the FDA is working with industry under a voluntary phase-out targeting the end of 2027 to eliminate six certified color additives, including Red 40, from the food supply, according to the FDA pledge tracker.

Many public sources still cite an end of 2026 timeline because early federal announcements from HHS and FDA in April 2025 outlined faster initial targets. However, current federal oversight relies strictly on voluntary company commitments rather than a mandatory prohibition. As of October 16, 2026, the FDA pledge tracker lists 32 commitments, with 12 marked Complete.

While federal action remains voluntary, state-level legislation creates earlier, binding compliance triggers. Rather than establishing a uniform national standard, individual state laws vary by specific statutory language and packaging dates. For example, under Texas SB 25, mandatory warning labels apply to food labels developed or copyrighted on or after January 1, 2027, according to Texas DSHS. A federal court preliminarily enjoined enforcement of SB 25 on February 11, 2026 against four trade associations and their members; the appeal is pending. See state food dye laws.

This voluntary transition for Red 40 differs fundamentally from an outright ban. For instance, food manufacturers face a mandatory revocation and must remove FD&C Red No. 3 by January 15, 2027, under an FDA order reported via National Law Review. Red 40 carries no such federal ban.