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Are Food Dyes Being Banned in the U.S.? The Facts on the FDA's Plan to “Phase Out” Synthetic Dyes — Center for Responsible Food Business

Are Food Dyes Being Banned in the U.S.? The Facts on the FDA's Plan to “Phase Out” Synthetic Dyes

Aug 2

The safety of synthetic or “certified” dyes in the U.S. food supply has increasingly become a subject of debate, and, more recently, a subject of special interest for the current administration; U.S. Department of Health and Human Services (HHS) director Robert F. Kennedy Jr. has called them “poisonous compounds” that “offer no nutritional benefit and pose real, measurable dangers to our children’s health and development.”

Accordingly, in April 2025, HHS and the U.S. Food and Drug Administration (FDA) announced a plan to _{phase out six petroleum-based synthetic dyes}, FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2, from the American food supply "by the end of next year." But the FDA's own _{pledge-tracker page} now says the agency is working with the industry to eliminate the six dyes "by the end of 2027." No formal announcement of a change was ever made. The deadline year arrived, and the goalposts quietly moved.

While the FDA may have thought that consumers wouldn’t notice, that uncommunicated change highlights what the “phase-out” actually is: a suggestion, not a rule, raising questions about the true urgency of the issue. The Center for

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MPU

Abbott Laboratories was investigated for poisoning babies. After a $500,000 donation, Trump let them off the hook.

The government had been investigating a baby formula producer for life-threatening facility contamination. After a half-million-dollar donation, Trump’s enforcers just dropped the case.

Jun 29

*By Lucy Dean Stockton, More Perfect Union

The Department of Justice just dismissed a years-long criminal probe investigating potentially life-threatening contamination at an Abbott Laboratories facility, an Illinois-based health care and technology company that donated more than $500,000 to President Donald Trump’s inauguration funds and has extensive financial connections to one of Trump’s top cabinet members.

The DOJ this week confirmed that it had dismissed its investigation into potential negligence from Abbott Laboratories, which manufactures popular formula brand Similac, over ​its mismanagement of a baby formula production facility that potentially endangered infants’ lives — and may be connected to two infant deaths.

The probe, which began under the Biden administration, followed an incident in which regulators discovered potentially deadly bacteria on equipment in the facility in February 2022. The facility resumed production in June of that year, but tight industry concentration strained the baby formula market, contributing to a national shortage in 2022, which forced families to seek assistance from food banks, friends and doctor’s offices.

According to reporting from The Wall Street Journal, some DOJ prosecutors believed they had evidence to criminally charge the company, but the agency’s top decision-makers closed the probe instead, now opting to pursue financial clawbacks and civil penalties.

Abbott faced another legal battle in January 2023, when Biden’s Federal Trade Commission began formally investigating the company for collusion in the baby formula market. The agency alleged that Abbott may have colluded in bidding for contracts with the USDA’s Women, Infants, and Children (WIC) food assistance program. The company is also facing legal penalties of nearly $500 million in a Missouri lawsuit related to its formula for premature infants.

Abbott previously won a $750 million federal contract in 2020 to deliver 150 million COVID-19 rapid test kits, and won another under Biden. In his first term, Trump’s administration also fought on behalf of the baby formula industry, arguing against international resolutions that would have limited companies’ ability to advertise and sell baby formula abroad, threatening Abbott’s part in a $70 billion global industry. Last May, Trump publicly celebrated Abbott’s $500 million investment in its Illinois and Texas manufacturing facilities as a step towards reviving American drug manufacturing.

In the 2024 election, Abbott’s former CEO Miles White — who stepped down from the company in 2021 after a 38-year tenure — chaired former North Dakota Governor Doug Burgum’s presidential campaign. White, Abbott employees and their families gave $4 million in donations to the Best Of America PAC, which was created to support Burgum’s presidential run. Of that, White gave at least $2 million. In February 2025, Burgum was confirmed as Trump’s Secretary of the Interior.

Abbott also donated at least $35,000 to Trump’s inaugural event in 2016, and White publicly expressed he was “optimistic” about Trump’s presidency.

No unopened, distributed Abbott baby formula products have tested positive for the bacteria that sickened the babies, an Abbott spokesperson told More Perfect Union in an email. Abbott declined to comment on the company’s political donations.

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Kyle Diamantas - Wikipedia

Kyle Allen Diamantas (born November 25, 1987) is an American attorney who has served as the acting Commissioner of Food and Drugs since 2026. He served as the Deputy Commissioner for Food from 2025 to 2026. He is the first attorney to serve as FDA Commissioner.

Diamantas graduated from the University of Central Florida with a degree in political science in 2010 and from the University of Florida with a Juris Doctor in 2013. In 2023, he became a partner at Jones Day.

In February 2025, Diamantas was appointed as the Deputy Commissioner for Food. In early 2026, he was appointed to concurrently serve as the Senior Counselor to the Secretary within the Department of Health and Human Services, tasked with overseeing the day-to-day operations of the FDA. He became the acting Commissioner of Food and Drugs after Marty Makary's resignation in May 2026.

Early life and education (1987–2013)

Kyle Allen Diamantas was born on November 25, 1987, in Rockledge, Florida.[1]^ Diamantas attended Merritt Island High School, where he played baseball.[2]^ He graduated from the University of Central Florida with a degree in pre-law political science in 2010 and from the University of Florida with a Juris Doctor in 2013.[3]^

Career

Legal Work (2013–2024)

As early as 2013, Diamantas worked at Baker Donelson.[4]^ He represented Hemp Bombs in a lawsuit against its cannabidiol products and defended Whole Foods Market in a claim that it sold a cannabidiol product under false pretenses.[5]^ According to Politico, Diamantas represented Planned Parenthood, though he had moral objections and later requested he be removed from cases involving the organization.[4]^ In July 2021, he was named as a counsel for Jones Day;[6]^ in 2024, he became a partner at the firm.[7]^ In March 2024, Diamantas began representing Abbott Laboratories in a lawsuit that claimed the company did not warn customers of risks relating to its infant formula. Abbott later lost the lawsuit.[5]^

Deputy Commissioner for Food (2025–2026)

In early 2025 Bloomberg News reported that Diamantas had been appointed as the Deputy Commissioner for Food, serving as the agency's top food executive. He took over the role following the reorganization of the FDA's food program and resignation of his predecessor, Jim Jones.[8]^ He was publicly listed on the Food and Drug Administration's website on February 24, 2025.[5]^

As the Deputy Commissioner for Food, Diamantas oversaw the agency's process for creating the definition of ultra-processed food. He told The New York Times that the Food and Drug Administration would consider the use of synthetic dyes, emulsifiers, and preservatives in creating that definition.[9]^ Diamantas was additionally responsible for reviewing infant formula, an authority that caused a possible conflict of interest; the agency told the Times that he had agreed to recuse himself from matters involving Abbott Laboratories and British American Tobacco.[5]

Diamantas has been central figure in the Make America Healthy Again movement, focused on the safety of food additives, addressing chronic disease, and updating the Dietary Guidelines for Americans.[10]

In addition to serving as Deputy Commissioner for Food, in February 2026, The Wall Street Journal reported that Diamantas had been appointed by Robert F. Kennedy Jr. to assist Chris Klomp in managing the day to day operations of the Food and Drug Administration on behalf of the Department of Health and Human Services.[11]^

After he was appointed as the Acting Commissioner of Food and Drugs in May 2026, Diamantas named Donald Prater to succeed him as acting Deputy Commissioner for Food.[12]^

Acting Commissioner of Food and Drugs (2026–present)

Following the departure of FDA Commissioner Marty Makary in early May 2026, Diamantas was named Acting Commissioner of Food and Drugs.[13]^ He is the first attorney to serve as the FDA Commissioner and the second officeholder to have previously led the Foods Program.[14]^

According to numerous media sources, President Donald Trump directly offered Diamantas the nomination to permanently lead the agency.[15]^ Though he declined the permanent nomination, Diamantas continues to lead the agency in an acting capacity. ^[16]^

References

  1. "Births". Florida Today. December 5, 1987. Retrieved May 12, 2026.
  2. Gardenour, Jeff (June 7, 2006). "South All-Stars triumph". Florida Today. Retrieved May 12, 2026.
  3. Beach, Coral (February 21, 2025). "Miami attorney on tap to lead FDA foods program, including food safety efforts". Food Safety News. Retrieved May 12, 2026.
  4. Ollstein, Alice; Lim, David (May 15, 2026). "Acting FDA leader tries to explain past Planned Parenthood work to abortion opponents". Politico. Retrieved May 15, 2026.
  5. Jewett, Christina (March 4, 2025). "He Fought Claims of Harm From Infant Formula. Now He Regulates It". The New York Times. Retrieved May 12, 2026.
  6. "Movers". Miami Herald. July 19, 2021. Retrieved May 12, 2026.
  7. Eban, Katherine (February 24, 2025). "America's Food Safety Is Now in the Hands of Don Jr.'s Hunting Buddy". Vanity Fair. Retrieved May 12, 2026.
  8. Cohrs Zhang, Rachel; Shanker, Deena; Edney, Anna (February 20, 2025). "Lawyer Kyle Diamantas Will Become Top Food Regulator at FDA". Bloomberg News. Retrieved May 12, 2026.
  9. Blum, Dani (June 10, 2025). "What Makes a Food Ultraprocessed? The FDA Is About to Weigh In". The New York Times. Retrieved May 12, 2026.
  10. Yarrow, Grace; Röhn, Tim (December 31, 2025). "Inside MAHA's 2026 food agenda". Politico. Retrieved May 12, 2026.
  11. Whyte, Liz (February 13, 2026). "White House Pushes Shake-Up at HHS Ahead of Midterms". The Wall Street Journal. Retrieved May 12, 2026.
  12. Brown, Marcia; Lim, David (May 14, 2026). "Longtime FDA official tapped to be acting director of the human foods program". Politico Pro. Retrieved May 15, 2026.
  13. Cite error: The named reference FoodSafetyMay2026 was invoked but never defined (see the help page).
  14. Witley, Skye (May 13, 2026). "Acting FDA Chief's Law, Food Background to Be Tested in New Role". Bloomberg Law. Retrieved May 15, 2026.
  15. "President Trump Set to Nominate Heidi Overton as FDA Commissioner". Pharmaceutical Executive. August 19, 2026. Retrieved September 17, 2026.
  16. "This Week at FDA: WH reviewing candidates for FDA commissioner". Regulatory Affairs Professionals Society (RAPS). June 5, 2026. Retrieved September 17, 2026.

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Food and Drug Administration (.gov)

https://www.fda.gov › about-fda › fda-organization › kyle-diamantas

Kyle Diamantas, | FDA

May 15, 2026Kyle Diamantas, J.D. Kyle Diamantas, J.D. is the Acting Commissioner of Food and Drugs. Prior to becoming Acting Commissioner, as the FDA's Deputy Commissioner for Food, Mr. Diamantas lead the ...

Wikipedia

https://en.wikipedia.org › wiki › Kyle_Diamantas

Kyle Diamantas - Wikipedia

Kyle Allen Diamantas (born November 25, 1987) is an American attorney who has served as the acting Commissioner of Food and Drugs since 2026. He served as the Deputy Commissioner for Food from 2025 to 2026.

Vanity Fair

https://www.vanityfair.com › news › story › food-safety-donald-trump-jr-kyle-diamantas-hunting-buddy

America's Food Safety Is Now in the Hands of Don Jr.'s Hunting Buddy

Feb 24, 2025The role, which is not subject to Senate approval, is an important one. In it, Kyle Diamantas, 37, will be responsible for ensuring the safety of roughly 80% of the nation's food supply.

LinkedIn

https://www.linkedin.com › in › kylediamantas

Kyle Diamantas - FDA | LinkedIn

Experience: FDA · Location: Washington · 500+ connections on LinkedIn. View Kyle Diamantas' profile on LinkedIn, a professional community of 1 billion members.

The Guardian

https://www.theguardian.com › us-news › 2026 › may › 13 › kyle-diamantas-new-acting-fda-commissioner

What to know about Kyle Diamantas, the new acting FDA commissioner

May 13, 2026Kyle Diamantas, who most recently served as the FDA deputy commissioner for food, will be taking over as acting FDA commissioner.

POLITICO

https://www.politico.com › news › 2025 › 12 › 31 › kyle-diamantas-maha-fda-food-policy-00698153

Inside MAHA's 2026 food agenda - POLITICO

Dec 31, 2025Inside MAHA's 2026 food agenda A top FDA official says next year will be a critical time for the Trump administration to make progress on several of Robert F. Kennedy Jr.'s priorities.

HHS.gov

https://www.hhs.gov › about › leadership › kyle-diamantas.html

Kyle Diamantas, JD - HHS.gov

Aug 31, 2026Kyle Diamantas, JD is an Acting Commissioner of Food and Drugs, Food and Drug Administration (FDA)

C-SPAN.org

https://www.c-span.org › person › kyle-diamantas › 144354

Kyle Diamantas - C-SPAN.org

On the C-SPAN Networks: Kyle Diamantas is an Acting Commissioner for the U.S. Food and Drug Administration with three videos in the C-SPAN Video Library; the first appearance was a 2025 News ...

FoodSafetyTech

https://foodsafetytech.com › news_article › fda-names-kyle-diamantas-j-d-as-new-acting-deputy-commissioner-for-human-foods

FDA names Kyle Diamantas J.D. as new Acting Deputy Commissioner for ...

Feb 28, 2025U.S. Food and Drug Administration has announced food and beverage attorney Kyle Diamantas is the new acting deputy commissioner for human foods. He replaces Jim Jones, who resigned last week in protest of staffing cuts. FDA's leadership webpage was updated this week to include Mr. Diamantas and stated that as the Acting Deputy Commissioner for Human Foods, he leads the agency's Human Foods ...

The Federalist Society

https://fedsoc.org › bio › kyle-diamantas-1

Kyle Diamantas - fedsoc.org

As the Deputy Commissioner for Human Foods, Mr. Diamantas leads the agency's Human Foods Program, overseeing all FDA nutrition and food safety activities. In this role, Mr. Diamantas exercises authority over all Human Food Program entities and operations, including resource allocation, risk-

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