Kashrus Concerns as FDA Phases Out Artificial Dyes

U.S. health officials announced plans last week to phase out artificial food dyes by 2026, a move praised by health advocates. As a result, an insect-based natural alternative is gaining much attention, raising significant halachic concerns.

By Anash.org reporter

U.S. health officials announced plans last week to eliminate petroleum-based artificial food dyes by the end of 2026, a move praised by health advocates but one that could trigger new challenges for kosher consumers.

“These are poisonous compounds,” Health Secretary Robert F. Kennedy Jr. said, referencing studies linking synthetic dyes to potential behavioral problems and cancer risks.

“Manufacturers who use FD&C Red No. 3, a widely used synthetic dye, will have until January 15, 2027, to reformulate their products,” the FDA said in a statement, adding that “foods imported to the U.S. must comply with U.S. requirements.” While the FDA continues to maintain that approved dyes are safe when used properly, it is encouraging a voluntary transition toward natural colorings.

The shift presents major hurdles. Natural dyes are far less stable than synthetic ones, prone to fading under heat and light, and significantly more expensive. Experts warn it could take years to grow and process enough botanical materials to meet industry demand. Meanwhile, companies are urgently seeking alternatives to keep their products visually appealing.

As companies scramble to reformulate everything from salad dressings to cereals, one natural alternative gaining much attention is carmine, and with it comes significant halachic concern.

“Carmine” is derived from the cochineal insect, a tiny bug native to Peru and other regions that lives on prickly pear cactuses. About 70,000 insects are needed to produce just one kilogram (2.2 pounds) of dye. Also known as crimson lake, Natural Red #4, or E120, carmine is prized for its vivid color and unusual stability among natural options.

However, the use of carmine creates serious kosher issues. Despite some minority halachic opinions that argue an insect might lose its forbidden status once dried or processed, the mainstream halachic consensus firmly prohibits it.

Insects are inherently non-kosher –  ossur mid’oraisa – and even if present in very small amounts, carmine cannot be batel b’shishim because it imparts visible color (chazusa) to the food. All major kosher agencies, including OU Kosher and OK Kosher, forbid the use of carmine in certified products.

Interestingly, the use of carmine’s red dye is not a modern discovery. Many have suggested that the tola’as shani – the scarlet wool dyed for use in the Mishkan – was produced from the same insect-based dye known historically as karmaz or kochanilya.

Until 2011, FDA regulations allowed carmine to be labeled simply as “natural coloring.” However, due to allergy concerns, regulations were updated to require explicit labeling of carmine. As a result, some manufacturers reformulated their products with artificial alternatives to avoid listing carmine, which also helped kosher certification. However, with evolving regulations, some manufacturers may now revert to using carmine.

Looking ahead, kosher solutions may be on the horizon. OK Kosher-certified manufacturer Chr. Hansen is developing a fermentation-based carmine alternative made without insects, though no kosher-certified version is available yet. Other natural red color options are also being explored. If successful, these developments could transform kosher food production.