Governor signs bill banning some artificial dyes in food sold in West Virginia

West Virginia Gov. Patrick Morrisey signed a bill that will ban a list of artificial food dyes from being included in food items sold in grocery stores or in school lunches.

Republican lawmakers behind the measure have said the synthetic red, blue, green and yellow dyes are unnecessary and harmful. They’ve linked them to behavioral issues in children.

“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 March 25. “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.”

Several states are considering similar legislation, and West Virginia is the first state to pass a sweeping synthetic food dye ban from grocery stores and school cafeterias.

House Bill 2354 bans the use of seven artificial dyes — Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2 and Green No. 3 — in school meals beginning Aug 1. That will take effect much sooner than the federal ban on Red No. 3 and California’s ban of the other dyes.

The dyes would be prohibited along with the preservatives butylated hydroxyanisole and propylparaben, in drugs and food items for sale in the state beginning Jan. 1, 2028.

“This extended deadline allows companies ample time to adjust, protecting consumers from price increases,” a news release from the governor’s office said.

The state’s food and beverage industry pushed back on the measure, warning that it would lead to increased grocery prices and empty shelves. Alternative ingredients don’t exist to scale, they said. 

Del. Evan Worrell, R-Cabell, maintained that the food industry was using “scare tactics” to fight the bill.

“While there are many steps to take to improve our health outcomes, this bill starts by not allowing manufacturers to choose ‘poison for profit’ in our food supply,” he said. “I applaud the governor for signing the food dye bill into law. The governor believes in the [Make America Healthy Again] movement as I do and we are taking steps to improve the quality of health in West Virginia.”

Last September, California became the first state in the nation to ban food dyes from school meals, snacks and drinks. Titled the California School Food Safety Act, the law takes effect Dec. 31, 2027.

U.S. Health and Human Services Secretary Robert F. Kennedy Jr. has told food executives that removing artificial food dyes is an urgent priority.

In January, the U.S. Food and Drug Administration announced that Red No. 3 would be banned from food starting January 2027 and from drugs in January 2028. The Jan. 15 order came one week before President Donald Trump’s inauguration and two weeks before Kennedy’s confirmation hearings in the U.S. Senate. The questioning included dyes and their use in U.S. foods.

“Thank you to the Legislature, HHS Secretary Robert F. Kennedy Jr. and the entire Trump Administration for helping us launch this movement right here in West Virginia,” Morrisey said.