Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

By Jay Leonard

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB noted:

Many alcohol beverage products contain coloring agents. Color additives are added to impart color which is not natural to the product. Alcohol beverage manufacturers and importers must comply with TTB and FDA requirements when using color additives in their products.

The TTB’s reminder came on the heels of the FDA’s issuance, then revocation, of a draft guidance on the use of fruit juice and vegetable juice as color additives. As it stands, the Regulations (in part, 21 CFR 73.250 and 21 CFR 73.260) authorizing certain plant-derived color additives remain in place and the FDA will continue to respond on a case-by-case basis to industry questions on these topics. Copies of the Original Constituent Update and Withdrawal Notice can be found on the FDA website.

Sherman & Howard has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation and does not create an attorney-client relationship between any reader and the Firm.

©2017 Sherman & Howard L.L.C.                                                        July 19, 2017