H.R.3722 - Do or Dye Act (119th Congress)
Summary
H.R.3722, the "Do or Dye Act," aims to amend the Federal Food, Drug, and Cosmetic Act by deeming food containing certain color additives as adulterated. The bill targets specific color additives, including Red No. 40, Yellow No. 5, and others, phasing in the restrictions starting December 31, 2025. It was introduced in the House of Representatives by Mrs. Luna and Mr. Nehls and referred to the Committee on Energy and Commerce.
The bill effectively bans the use of these color additives in food products sold in the United States. This is achieved by classifying foods containing these additives as "adulterated" under existing law.
The implications of this bill could be significant for the food industry, potentially requiring reformulation of numerous products and impacting consumer choice.
Expected Effects
If enacted, H.R.3722 would lead to the removal of foods containing the specified color additives from the market. Food manufacturers would need to reformulate products to comply with the new regulations.
Consumers would no longer be able to purchase foods containing these additives. This could lead to changes in the appearance and potentially the taste of many processed foods.
The food industry would likely face increased costs associated with research and development, reformulation, and relabeling of products.
Potential Benefits
- Potential reduction in exposure to potentially harmful color additives.
- May encourage the food industry to use more natural coloring agents.
- Could lead to healthier food options for consumers.
- May reduce potential allergic reactions or sensitivities to artificial colors.
- Could align US food safety standards with those of other countries with stricter regulations.
Most Benefited Areas:
Potential Disadvantages
- Increased costs for food manufacturers, potentially leading to higher food prices for consumers.
- Limited availability of certain food products that rely on these color additives.
- Potential for manufacturers to use alternative additives that may have their own health concerns.
- Possible disruption to the food supply chain during the transition period.
- Consumer dissatisfaction with changes in the appearance or taste of reformulated products.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. By regulating food additives, the bill affects the sale and distribution of food products across state lines.
However, potential challenges could arise if the restrictions are deemed arbitrary or unduly burdensome on businesses. The Fifth Amendment's Due Process Clause could be invoked if the regulations are considered unreasonable or lacking a rational basis.
Furthermore, the bill does not appear to infringe upon any individual liberties or rights protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).