In one of the most sweeping food safety measures in the nation, West Virginia has officially outlawed several artificial food dyes and preservatives, citing growing health concerns and the need to protect children from potentially harmful chemicals in everyday products.
On Monday, Governor Patrick Morrisey signed into law a first-in-the-nation statewide ban targeting seven synthetic food dyes and two preservatives, marking a major step in the nationwide push to curb the use of synthetic additives in food and pharmaceuticals.
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The banned dyes include:
- Red Dye No. 3
- Red Dye No. 40
- Yellow Dye No. 5
- Yellow Dye No. 6
- Blue Dye No. 1
- Blue Dye No. 2
- Green Dye No. 3
The preservatives butylated hydroxyanisole (BHA) and propylparaben are also included in the ban.
“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 Gov. Morrisey, invoking a campaign slogan championed by Health and Human Services Secretary Robert F. Kennedy Jr., who has made the removal of harmful additives a national priority.
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The law includes a two-phase rollout:
- August 1, 2025: Artificial dyes will be banned in school nutrition programs.
- January 1, 2028: The ban will extend to all food and drug products sold in the state.
The legislation is part of a larger movement across the U.S. to reevaluate the presence of synthetic additives in food, particularly those that have raised health concerns in children, including behavioral issues and potential cancer risks.
West Virginia’s action builds on recent moves by California, which passed laws banning certain food additives from grocery products and synthetic dyes from school meals. According to the Environmental Working Group (EWG), dozens of states have introduced or advanced similar legislation in 2024 and early 2025.
“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,” Morrisey said.
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Currently, the U.S. Food and Drug Administration (FDA) approves 36 color additives for use in food and beverages, nine of which are synthetic. However, mounting public pressure has spurred the FDA to reconsider some of its long-standing approvals. In January, the agency revoked authorization for Red Dye No. 3 in food products, following research linking the dye to cancer in lab animals.
While the FDA has launched a broader review of food dyes and other additives, officials have warned that budget constraints could delay progress, underscoring the growing role of states like West Virginia in taking proactive measures.
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