West Virginia has banned most foods containing artificial food dyes.
Gov. Patrick Morrisey (R-WV) on Monday signed into law a bill banning Blue No. 1, Blue No. 2, Green No. 3, Yellow No. 5, Yellow No. 6, Red No. 40, and Red No. 3. The law will take effect in 2028, with a ban on dyes in school meals starting in August.
Recommended Stories
- Soda companies push back against MAHA efforts to cut them out of food stamps
- Trump taps Susan Monarez for CDC director following failure of first nominee
- Illinois doctor sued for leaving fetal remains in woman's body in late-term abortion
“Everybody realizes that we’ve got to do something about food in general,” Republican State Rep. Adam Burkhammer said.
Burkhammer introduced the bill in February. It sped through both legislatures with bipartisan support.
The law is the most sweeping of its kind. The only comparable example is California, where four food additives were banned in 2023, and artificial food dyes were banned from school meals in 2024. California’s laws are much narrower in scope.
West Virginia’s move could begin a cascade of other states adopting similar measures — at least 20 states are considering similar restrictions.
The banning of artificial food dyes is a central issue championed by Health and Human Services Secretary Robert F. Kennedy Jr. He met with the heads of several large food and beverage companies, including PepsiCo, Inc. and General Mills, telling them the elimination of artificial dyes in food and drink was an “urgent priority.”
Kennedy spoke in favor of the legislation, urging West Virginians to call Morrisey’s office to urge him to sign the bill.
FDA BANS RED FOOD DYE WITH CANCER LINKS
Concerns over certain food dyes are bipartisan. In its final days, the Biden administration’s Food and Drug Administration banned Red Dye No. 3, which has been identified as possessing carcinogenic properties.
If enough states ban artificial food dyes, companies will be incentivized to end the use of the ingredients to serve a larger customer base, as happened in Europe.