Health and Human Services Secretary Robert F. Kennedy Jr. is touting new legislation in West Virginia that accomplishes a major goal of his Make American Healthy Again agenda.
West Virginia Governor Patrick Morrisey (R) joined Kennedy Friday to celebrate new legislation banning certain food dyes in school lunches and food products sold in the state, and to lay out the pillars of his health agenda inspired by Kennedy’s MAHA platform.
“The Make America Healthy Again movement starts right here in West Virginia,” Morrisey said in a statement.
“We’re cleaning up our foods, promoting exercise, and putting nutrition back into SNAP. I’m committed to Secretary Kennedy’s vision for America and raising health standards here in the Mountain State.”
West Virginia’s HB 2354 labels certain food dyes as unsafe and prevents them from being used in school nutrition programs beginning in August. The bill bans 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 school lunches.
Beginning in 2028, West Virginia is banning those same dyes and three preservatives: butylated, hydroxyanisole, and propylparaben, from being added to food items sold in the state. The deadline gives companies and consumers time to adjust to the sweeping legislation before it comes into effect.
“We are restoring public trust in our health agencies and working to Make America Healthy Again by eliminating harmful food dyes from school lunches and ensuring taxpayer-funded nutrition programs promote wholesome, nourishing choices. By signing this law, Governor Morrisey has shown his commitment to giving our children the healthy food they deserve,” Kennedy said in a statement.
Morrisey is adopting four planks of the MAHA agenda and turning them into the “Four Pillars of a Healthy West Virginia.” Those pillars are cleaning up food, finding purpose, moving your body, and rewarding healthy food choices.
In addition to the food dye ban, Morrisey requested a waiver from the federal government to prevent taxpayers from paying for soda in SNAP, otherwise known as food stamps. He is also implementing work, training, and health requirements for SNAP, as well as encouraging West Virginia residents to walk a mile a day.
Kennedy’s focus on West Virginia makes sense considering it has the highest rate of obesity of any state in the country: According to the CDC, 41 percent of the population qualifies as obese.
At the press conference, Kennedy recalled meeting Morrisey for the first time and joking about his weight. Kennedy said the pair talked extensively about health and saluted the fact that their conversation had an impact on Morrisey. Poking fun at the Governor, Kennedy floated monthly public weigh-ins for Morrisey upon his adoption of Kennedy’s recommended training and dietary regimen.
Kennedy has led a growing nationwide movement to ban food dyes he considers unsafe based on a 2021 study from the California Office of Environmental Health Hazard Assessment that found synthetic food dyes can alter behavior in children. The FDA reviewed data on food dyes from 2011-19 and determined that it did not show a causal link between food additives and behavioral changes, but called for more research to be done.
In January, right before President Donald Trump took office, the FDA revoked authorization of Red Dye No. 3 because of concerns about two studies in rats that linked the dye to cancer. Kennedy, who had already been nominated to be HHS Secretary at the time, called the move a victory for the MAHA movement.
Last year, California banned six dyes from being served in public schools, reflecting the bipartisan nature of the backlash to food dyes. Numerous state legislatures nationwide have seen lawmakers introduce bills this year to crack down on food dyes, NBC News reported, citing food safety advocacy group EWG.
Eliminating toxins is a core aspect of the MAHA movement, alongside tackling chronic disease, reducing the influence of special interests on public health, improving American nutrition and fitness, and exploring alternative medicines. Kennedy popularized MAHA during his 2024 presidential campaign, first as a Democrat and then an independent, before endorsing Trump last year and becoming one of his most prominent surrogates.
An anti-vaccine activist, Kennedy’s nomination to run HHS proved controversial because of his public health positions and amplification of conspiracy theories over decades in public life. Kennedy recently tapped a controversial vaccine critic to oversee a study on whether vaccines are linked to autism, a long debunked claim Kennedy has spent two decades promoting.