


Gov. Patrick Morrisey signed a law Monday that will ban several food dyes and preservatives statewide in 2028.
Schools will also not be allowed to serve foods with the banned additives starting in August 2025. There are at least another 20 states considering similar restrictions, but this bill is the first of this magnitude to be passed, according to The New York Times.
The following dyes will be banned: Blue No. 1, Blue No. 2, Green No. 3, Yellow No. 5, Yellow No. 6, Red No. 40 ― and Red No. 3 (which the U.S. Food and Drug Administration banned in January). It also includes two preservatives: Propylparaben and butylated hydroxyanisole, or BHA.
“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,” said Morrisey in a statement Monday, referring to a movement (and Super PAC) led by Health and Human Services Secretary Robert F. Kennedy Jr.
“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,” he continued. “Today’s announcement represents a step toward a productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens.”
Adam Burkhammer, a Republican state delegate who is the primary sponsor of the bill, repeated similar sentiments in a statement to HuffPost.
“I am excited to see West Virginia taking the lead in improving the quality of our food supply across the country. This is a major step in dealing with chronic illness and ‘Making America Healthy Again,’” Burkhammer said. “This will have a lasting impact for generations to come. I look forward to all the states following and making the health of their communities a priority.”
As NBC News has reported, the movement to ban artificial dyes is gaining traction across the country. It has been around for decades, though not explicitly under the MAHA moniker, but has made waves in recent years in line with the pandemic, anti-vaxxers and the spread of misinformation.
In recent years, California has also banned food additives on a state level and in in schools. Moreover, certain countries, particularly in Europe, also already have their own various restrictions on food additives.
Kennedy Jr., who now oversees the FDA in his current role, has emphasized to food industry leaders that he wants to eradicate artificial color additives in foods before he ends his term as HHS Secretary.
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He and others who subscribe to the MAHA movement have claimed that there is a link between dyes and certain behaviors in children, but the FDA has not yet proved that.
In an FDA post in 2023, the agency said that it “has reviewed and will continue to examine the effects of color additives on children’s behavior.”
“Color additives are safe when used properly,” Linda Katz, director of the FDA’s Office of Cosmetics and Colors, said in the post. “There is no such thing as absolute safety of any substance. In the case of a new color additive, the FDA determines if there is ‘a reasonable certainty of no harm’ under the color additive’s proposed conditions of use.”