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In-N-Out Is on the FDA Dye Tracker: What Changed

FDA's dye pledge tracker (updated Sept 10, 2026) lists In-N-Out as done: Red 40 out of the strawberry shake and pink lemonade. What replaced it, what's next.

News updateCluster: Food Regulation Newsred 40

9/13/2026 · 9 min read · Chris Carrillo · Reviewed by Armin Rad, Co-Founder & CTO, Aurascan · Last reviewed 9/13/2026

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Written by Chris Carrillo. Reviewed by Armin Rad, Co-Founder & CTO, Aurascan. It cites 5 sources; use the source list and methodology to check the evidence directly.

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WASHINGTON, Sept. 13, 2026. On September 10, 2026, the U.S. FDA updated its food dye pledge tracker, confirming brands like In-N-Out Burger have fully removed petroleum-derived Red 40. While the FDA and HHS encourage a voluntary industry phaseout of six synthetic dyes by late 2027, mandatory state school bans take effect the same year.

Key takeaways

What happened

On September 10, 2026, the FDA updated its public dashboard titled "Tracking Food Industry Pledges to Remove Petroleum Based Food Dyes" on fda.gov. The updated tracker officially designated regional restaurant chain In-N-Out Burger as "Complete" for its pledge to eliminate certified color additives from its Strawberry Shakes and Signature Pink Lemonade.

This update followed the company's initial announcement in May 2025, where In-N-Out stated: "As part of our ongoing commitment to providing our customers with the highest-quality ingredients, we have removed artificial coloring from our Strawberry Shakes and Signature Pink Lemonade. We're also in the process of transitioning to an upgraded ketchup, which is made with real sugar instead of high fructose corn syrup."

According to reporting from ABC News, KTLA, and Nation's Restaurant News, the specific artificial color removed from these beverage formulations was FD&C Red No. 40, chemically identified as Allura Red AC in the PubChem Compound database. In-N-Out replaced the synthetic colorant with color additives derived from vegetable juice and beta carotene. As of September 13, 2026, the FDA tracker highlights this milestone as part of a broader federal push to document food industry movement toward naturally derived coloring alternatives.

Fanta Orange Soda Soft Drink, Bottle - 20 Fluid Ounce

Fanta

Fanta Orange Soda Soft Drink, Bottle - 20 Fluid Ounce

Concern
  • High Fructose Corn Syrup
  • Citric Acid
  • Natural Flavors

Standout ingredient: Carbonated Water

Analysis by Aurascan. Sources are listed on the product page.

What changed in federal policy and state laws?

The landscape for synthetic food dyes in the United States involves a combination of voluntary industry commitments, finalized administrative rules, and emerging state statutes. On its tracking portal, the FDA confirmed that the agency is actively working with food manufacturers toward a target to eliminate the six primary remaining certified petroleum dyes by the end of 2027. These six colors comprise Red 40, Yellow 5 (Tartrazine), Yellow 6 (Sunset Yellow FCF), Blue 1 (Brilliant Blue FCF), Blue 2 (Indigotine), and Green 3 (Fast Green FCF).

It is important to distinguish between mandatory regulatory bans and voluntary phaseouts. The end-of-2027 timeline for Red 40 and the other five primary dyes is currently a voluntary collaboration between federal agencies and food producers. In contrast, the FDA has finalized enforceable actions on other color additives:

While federal policy on Red 40 centers on voluntary targets, state legislation has established binding restrictions. California enacted Assembly Bill 2316, which bars public schools from serving foods containing Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3 starting in late 2027. Because major food processors typically maintain unified national distribution networks, state-level requirements are functioning as a primary commercial catalyst for broad reformulation.

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Who is affected by the dye phaseout?

The ongoing transition away from petroleum-based colorings affects foodservice operators, commercial food processors, and several distinct consumer demographics. Fast-casual and quick-service restaurant brands that rely on brightly colored fountain drinks, blended shakes, bakery toppings, and condiment lines are actively re-engineering recipes to match visual expectations using natural pigments.

Packaged food manufacturers face considerable operational shifts. Certified synthetic dyes have long provided distinct industrial advantages: they remain exceptionally shelf-stable under light and heat, deliver consistent pigmentation across vast production batches, and cost significantly less than plant-derived extracts. Replacing Red 40 in acidic beverages, baked goods, and extruded snacks requires reformulating with botanical options that can behave differently during pasteurization and prolonged storage.

For consumers, children and individuals with specific metabolic or immunological sensitivities are the most directly affected. Most of the dye is not absorbed and travels to the lower gut, where bacteria break its azo bond. According to toxicological assessments documented in the JECFA Allura Red AC Evaluation, the acceptable daily intake (ADI) is set at 0 to 7 milligrams per kilogram of body weight per day. In the European Union, foods containing Red 40 must carry a mandatory warning stating the color "may have an adverse effect on activity and attention in children."

Scientific literature, including peer-reviewed toxicological and clinical evaluations like the study on Dietary Red Dye 40 and Colonic Inflammation, has examined how regular dye intake interacts with gut lining integrity, colonic inflammation, and allergic manifestations such as urticaria or mucosal swelling in reactive subsets of the population. Technical profiles from the International Association of Color Manufacturers describe it as stable across the acidity range of most foods and drinks. However, scientific evidence cannot establish uniform individual thresholds or predict adverse behavioral reactions for every child, as sensitivity varies considerably across individuals.

What it means for shoppers at the grocery store?

For consumers navigating supermarket aisles today, understanding ingredient labels is essential. Because the FDA late-2027 target for Red 40 is voluntary, the presence of synthetic colorants varies widely between product categories and individual brands.

To navigate these changes at the shelf, shoppers should understand the regulatory definitions appearing on the ingredient panel:

Shoppers should not assume that all fruit-flavored or brightly colored foods have transitioned. While items like In-N-Out's strawberry shakes now utilize vegetable juice and beta carotene, many conventional packaged items continue to list certified synthetic dyes. For instance, commercial orange sodas frequently list both Yellow 6 and Red 40 to achieve a deep orange hue. Similarly, brightly colored fruit snacks, sports drinks, gelatin desserts, and breakfast cereals frequently still rely on certified colors. Reviewing the ingredient panel remains the only reliable method to verify whether a product uses petroleum dyes or botanical alternatives.

Shoppers tracking broader regulatory shifts can review which food additives are banned in which US state, the natural food colors the FDA approved to replace dyes, and FDA's reassessment of the preservative BHT.

The background

Synthetic food dyes were developed in the late nineteenth and early twentieth centuries, gradually replacing unstable or toxic mineral pigments with petroleum-derived coal-tar derivatives. Over decades of regulatory oversight under the Federal Food, Drug, and Cosmetic Act, the FDA substantially narrowed the list of permitted synthetic colorants through toxicological reviews, establishing rigorous purity and safety thresholds.

FD&C Red No. 40 was approved in the United States in 1971 to provide a stable, water-soluble alternative to older red dyes that faced safety questions or regulatory restrictions. Over the following decades, Red 40 grew into the most widely consumed red food colorant in the American food supply, utilized in thousands of processed food formulations.

International divergence emerged in 2007 following the publication of the Southampton study in the United Kingdom, which evaluated mixtures of synthetic dyes (including Allura Red AC) and sodium benzoate on hyperactivity in children. While US regulators determined the study did not establish a definitive causal link across the general population, the European Union mandated warning labels in 2010. This prompted major multinational brands to reformulate their European product lines with botanical extracts while continuing to sell petroleum-dyed formulations in North America.

In recent years, domestic scrutiny has accelerated dramatically. Increasing consumer interest in clean labels, state-level bans on specific food additives, and new toxicological research examining gut inflammatory pathways prompted federal agencies to re-evaluate synthetic dyes, leading to the voluntary 2027 transition timeline monitored on the FDA September 2026 tracking dashboard.

What to watch next

As the industry moves toward late 2027, several clear regulatory and commercial milestones will determine how rapidly synthetic dyes disappear from American shelves:

While regulatory updates continue to unfold, checking labels is the best way to understand the ingredients in your pantry.

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Common Questions

What is Red 40 made from?

Red 40 (Allura Red AC) is a synthetic azo dye manufactured through chemical coupling and sulfonation reactions using petroleum-derived aromatic compounds.

Is Red 40 banned in the United States?

No. Red 40 remains an FDA-approved color additive for food, drugs, and cosmetics. However, federal health agencies are working with manufacturers on a voluntary phaseout by late 2027, and California AB 2316 prohibits it in public school foods beginning in late 2027.

What did In-N-Out Burger replace Red 40 with?

According to the FDA pledge tracker and company disclosures, In-N-Out Burger replaced certified synthetic coloring in its Strawberry Shakes and Signature Pink Lemonade with naturally derived vegetable juice and beta carotene.

What is the difference between Red 40 and Red 3?

Red 40 (Allura Red AC) and Red 3 (Erythrosine) are chemically distinct certified colors. The FDA revoked authorization for Red 3 on January 15, 2025, with a mandatory food deadline of January 15, 2027. Red 40's federal phaseout target for late 2027 is currently voluntary.

How do I spot Red 40 on a food label?

Look at the ingredients panel for names including 'FD&C Red No. 40', 'Red 40', or 'Red 40 Lake'. Colorings exempt from certification will be listed under botanical names like 'vegetable juice', 'beet juice concentrate', or 'beta carotene'.

What is the acceptable daily intake for Red 40?

The European Food Safety Authority (EFSA) and the Joint FAO/WHO Expert Committee on Food Additives (JECFA) have established an acceptable daily intake (ADI) of 0 to 7 milligrams per kilogram of body weight.

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