West Virginia has outlawed foods that contain some artificial dyes or other additives, in one of the most comprehensive statewide bans of its kind. The move cites potentially harmful health effects and comes amid a broader push from scientists and government leaders to clamp down on synthetics in the nation’s food supply.
On Monday, West Virginia Gov. Patrick Morrisey signed into law a bill that was passed earlier by legislators to eliminate seven artificial dyes — Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 — from food products and drugs sold in the state. The preservatives butylated hydroxyanisole and propylparaben will also be banned.
The dyes will not be allowed in meals served as part of school nutrition programs starting on Aug. 1 this year, while the dyes and the two preservatives will not be permitted in drugs and food sold in the state starting on Jan. 1, 2028, according to the governor’s office.
“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission,” Morrisey said in a statement, citing the campaign slogan popularized by Health and Human Services Secretary Robert F. Kennedy Jr., who has said he is prioritizing the removal of artificial dyes from food and drinks sold around the United States. “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges.”
The latest ban in West Virginia follows a pair of laws passed in California in recent years to remove some additives from foods sold statewide and synthetic dyes from school meals. Dozens of other U.S. states have introduced legislation to ban or more strictly regulate certain food additives, including artificial dyes, since the beginning of the year, according to the Environmental Working Group, an advocacy organization focused on food safety.
Thirty-six color additives are approved by the Federal Drug Administration for use in food and drinks in the U.S., including nine artificial dyes.
Rising concerns from advocacy groups and scientists about possible health consequences of synthetic food components, particularly for children, prompted the FDA to undertake a new effort in December to review previously approved additives, although the agency’s deputy commissioner for human foods warned at the time that budget restrictions might prevent a timely turnaround. In January, the FDA announced its decision to revoke the authorization for one dye, Red 3, to be added to foods, after evidence showed a link between the dye and cancer in laboratory animals.
