Restricted Elsewhere, Still on US Supplement Labels
264 on-market US supplements still list FD&C Red No. 3, which FDA has revoked for foods and supplements as of January 15, 2027 — and 4,518 list titanium dioxide, removed from the EU's authorised food additives in 2022.
How many labels still list them
On-market products whose “other ingredients” include each substance, out of 121,959 on-market labels.
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| Substance | On-market products | Share of market | Marketed to kids | Added in last 12 months | Actions |
|---|---|---|---|---|---|
| Titanium Dioxide | 4,518 | 3.70% | 17 | 281 | European UnionTexas |
| FD&C Red #40 | 2,006 | 1.64% | 15 | 132 | European UnionUnited StatesWest VirginiaTexas |
| FD&C Blue #1 | 1,565 | 1.28% | 7 | 99 | United StatesWest VirginiaTexas |
| FD&C Yellow #6 | 781 | 0.64% | 11 | 54 | European UnionUnited StatesWest VirginiaTexas |
| FD&C Yellow #5 | 652 | 0.53% | 3 | 67 | European UnionUnited StatesWest VirginiaTexas |
| FD&C Blue #2 | 548 | 0.45% | 17 | 23 | United StatesWest VirginiaTexas |
| FD&C Red #3 | 264 | 0.22% | 0 | 14 | United StatesCaliforniaWest VirginiaTexas |
| Butylated Hydroxytoluene (BHT) | 199 | 0.16% | 12 | 17 | Texas |
| Propylparaben | 78 | 0.06% | 6 | 3 | CaliforniaWest VirginiaTexas |
| FD&C Green #3 | 58 | 0.05% | 0 | 2 | United StatesWest VirginiaTexas |
| Butylated Hydroxyanisole (BHA) | 35 | 0.03% | 5 | 4 | West VirginiaTexas |
“Added in the last 12 months” counts products that entered the DSLD after January 16, 2025 — a rough signal of whether new launches still use the substance.
The regulatory actions
Only two of these are binding restrictions that clearly reach dietary supplements. The rest are warning labels, voluntary requests, or state food laws whose coverage of supplements is not settled — each is labeled as such.
Removed from EU authorised food additives
Commission Regulation (EU) 2022/63 deleted E171 from the EU list of authorised food additives; it remains provisionally listed only as a colour in medicinal products.
- Substances: Titanium dioxide (E171) — 4,518 on-market US supplements list at least one (17 marketed to kids).
- Adopted: January 14, 2022 · Effective: August 7, 2022
- In force 2022-02-07; foods made under the old rules could be placed on the market until 2022-08-07.
- Supplements: The regulation removes E171 from Annex II Part C Group II (the route it was authorised across food categories) rather than naming supplements; the European Commission's announcement lists food supplements among foods that used it.
Source: Commission Regulation (EU) 2022/63 · related
US authorization revoked — compliance Jan 15, 2027
FDA repealed the color additive listings permitting FD&C Red No. 3 in foods (including dietary supplements) and ingested drugs, under the Delaney Clause, citing cancer findings in male rats.
- Substances: FD&C Red No. 3 (erythrosine) — 264 on-market US supplements list at least one (0 marketed to kids).
- Adopted: January 16, 2025 · Effective: January 15, 2027
- Foods including dietary supplements must comply by 2027-01-15; ingested drugs by 2028-01-18.
- Supplements: The order's summary states it repeals the regulations permitting use "in foods (including dietary supplements)".
Source: FDA order: Request To Revoke Color Additive Listing for Use of FD&C Red No. 3 in Food and Ingested Drugs (FR Doc. 2025-00830) · related
EU requires a hyperactivity warning label
Food containing these colours must be labelled "may have an adverse effect on activity and attention in children" (Regulation (EC) No 1333/2008, Article 24 and Annex V). US equivalents: FD&C Red No. 40, Yellow No. 5, Yellow No. 6.
- Substances: Allura Red AC (E129), Tartrazine (E102), Sunset Yellow FCF (E110) — 2,712 on-market US supplements list at least one (18 marketed to kids).
- Adopted: December 20, 2008 · Effective: July 20, 2010
- Supplements: Inferred: Article 24 applies to "food", food supplements are food under EU law, and Annex V's exclusions do not mention supplements.
Some details here rest on inference or secondary sources — confirm against the primary source before relying on them.
Source: Regulation (EC) No 1333/2008, Article 24 and Annex V
Voluntary US phase-out requested (target end of 2026)
HHS and FDA announced they would work with industry to eliminate these six dyes from the food supply by the end of 2026. The dyes remain federally authorized; nothing binding was issued for them.
- Substances: Six petroleum-based FD&C dyes — 3,692 on-market US supplements list at least one (28 marketed to kids).
- Adopted: April 22, 2025
- Supplements: The announcement does not mention dietary supplements; the dyes' listings (e.g. Red 40, 21 CFR 74.340) still expressly permit supplement use.
Source: HHS, FDA to Phase Out Petroleum-Based Synthetic Dyes in Nation's Food Supply
California food ban from 2027 — supplement coverage unclear
From January 1, 2027, California prohibits manufacturing or selling a food product containing FD&C Red No. 3, propylparaben, brominated vegetable oil, or potassium bromate.
- Substances: Red No. 3 and propylparaben (plus BVO and potassium bromate) — 341 on-market US supplements list at least one (6 marketed to kids).
- Adopted: October 7, 2023 · Effective: January 1, 2027
- Supplements: The act does not define "food product" or mention dietary supplements.
Some details here rest on inference or secondary sources — confirm against the primary source before relying on them.
West Virginia food law from 2028 — supplement coverage unclear
Treats food, drink, confectionery, or condiments containing these additives as adulterated from January 1, 2028, and bars the dyes from school meals from August 1, 2025.
- Substances: BHA, propylparaben, and seven FD&C dyes — 3,817 on-market US supplements list at least one (34 marketed to kids).
- Adopted: March 24, 2025 · Effective: January 1, 2028
- Supplements: The act never mentions dietary supplements. Legal commentary reports a December 2025 federal preliminary injunction against enforcement; its scope and current status are not verified here.
Some details here rest on inference or secondary sources — confirm against the primary source before relying on them.
Source: Enrolled Committee Substitute for House Bill 2354 (West Virginia, 2025)
Texas food warning label — supplements exempt
Food labels developed on or after January 1, 2027 must warn when a product contains an ingredient "not recommended for human consumption" in Australia, Canada, the EU, or the UK. Dietary supplements are expressly exempt.
- Substances: 44 listed ingredients, including titanium dioxide, FD&C dyes, BHA, BHT, and propylparaben — 6,970 on-market US supplements list at least one (47 marketed to kids).
- Adopted: June 22, 2025 · Effective: January 1, 2027
- Supplements: The enrolled text exempts "a drug or dietary supplement" — so the same ingredient needs a warning on a snack but not on a supplement.
Source: 89(R) SB 25 — Enrolled version
How to read this
- A count is the number of on-market labels that list the substance among their ingredients. DSLD is survey- and submission-based, not a census, and some labels have since been reformulated.
- “Restricted elsewhere” does not mean unsafe at the amounts used, and a warning-label requirement is not a ban. Regulatory status was researched in September 2026 from the linked sources; this is not legal advice.
- Ingredient names are matched by exact spelling variants (e.g. “FD&C Red #3”, “Erythrosine”) — similar-looking but different colors such as D&C Red No. 33 are never counted.
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