The Center for Food Safety has asked the Ninth Circuit U.S. Court of Appeals to review a Food and Drug Administration (FDA) decision to approve soy leghemoglobin as a color additive for use in ground beef analog products. The advocacy group claims that the FDA’s decision was not based on “convincing evidence” that is required by regulation.

The FDA approval of a genetically engineered (GE) soy protein used in the” Impossible Burger” over objections by CFS. The ingredient is also referred to as genetically engineered “heme,” soy leghemoglobin. It is the color additive Impossible Foods uses to make its plant-based burger appear to “bleed” as if it were real beef.

The March 17 civil action by CFS asserts that FDA used the wrong legal standard when it reviewed and approved GE heme to be used in raw Impossible Burgers sold in grocery stores. Instead of using the color additive safety standard that specifies “convincing evidence that establishes with reasonable certainty that no harm will result from the intended use of the color additive,” FDA conflated that standard with the food additive safety standard, which does not specify that there must be “convincing evidence.”