Morrisey Joins RFK Jr. for Announcement of Food Dye Phase-Out

CHARLESTON — Marking 30 days since he signed a bill banning certain food dyes in additives in food products sold in West Virginia, Gov. Patrick Morrisey joined U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. for announcement phasing out food dyes nationally.

Kennedy and U.S. Food and Drug Administration Commissioner Marty Makary held a press conference Tuesday afternoon in Washington, D.C., announcing several initiatives to phase out eight petroleum-based synthetic dyes from food products sold in the United States.

“This is existential for our country, and we have to address it,” Kennedy said. “We are going to get rid of the dyes…For those ingredients that we can’t ban legally, we’re going to start informing Americans about what they’re eating.”

The FDA will establish a national standard and timetable for companies to transition from synthetic food dyes to natural alternatives; revoke the authorization for Citrus Red No. 2 and Orange B over the next several months; and work with companies to eliminate use of Green No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, and Blue No. 2 from the food supply by the end of 2026.

The FDA will also authorize the use of four new natural food dye additives over the next several weeks and speed up approval of others, partner with the National Institutes of Health for comprehensive studies on the effects of synthetic food dyes on the health of children, and require companies to eliminate the use of Red No. 3 sooner than the 2027-2028 deadline previously required.

“Let’s be honest, taking petroleum-based food dyes out of the food supply is not a silver bullet that will instantly make America’s children healthy, but it is one important step,” Makary said. “This administration is not interested in continuing down the path of doing the same old things as we watch our nation’s children get sicker. We need fresh new approaches.

“These steps that we are taking means that the FDA is effectively removing all petroleum-based food dyes from the U.S. food supply,” Makary continued. “For companies that are currently using petroleum-based red dye, try watermelon juice or beet juice. For companies currently combining petroleum-based yellow chemical and red dyes together, try carrot juice.”

“We’re appreciative to Secretary Kennedy and the Trump Administration for the bold steps to begin removing harmful dyes and food products across the country,” Morrisey said. “I think it’s going to protect kids who often fall victim to these processed foods. In West Virginia, we’re committed to helping lead the nation toward a healthier future.”

The FDA already banned Red Dye No. 3 in January, ordering its removal from food products by Jan. 15, 2027, and from ingested drugs by Jan. 18, 2028. This comes after studies showing a link to cancer after tests on male mice, though it was unclear whether there was a human link to increased cancer rates.

A 2021 California Environmental Protection Agency review of food dyes and additives found links between certain dyes and behavior issues in children. Makary cited a 2007 study in the Lancet on food dyes that linked the artificial to increased hyperactivity in children.

Several officials were invited to speak Tuesday, including Morrisey, who signed House Bill 2354, banning certain products from food in West Virginia, on March 24. Morrisey held a celebration of the bill’s passage a few days later with Kennedy in Martinsburg, announcing his four pillars to improving the health of West Virginians.

“In West Virginia, just last month, we launched what I called the four pillars…to reverse some of the negative health care outcomes that have plagued our state for far too long. Pillar one, a big part of why we’re here today, is cleaning up our food,” Morrisey said.

HB 2354 bans specific food additives and dyes found in processed food products sold in the state — such as Red Dye No. 3 and Yellow Dye No. 5 — beginning Jan. 1, 2028. Restrictions in HB 2354 also prohibit the inclusion of these dyes and additives in meals served in schools as part of nutrition programs beginning Aug. 1.

“I want to get the crap out of our food and improve the quality of school meals,” Morrisey said. “We passed the law in West Virginia because we thought our kids and our citizens deserve better. They deserve real food, not chemical shortcuts designed to fool the eye, but harm the body. That’s what making America healthy again means to us. It’s not just a slogan, it’s a mission, and it starts with protecting the most vulnerable among us, our children.”

Kennedy credited West Virginia’s passage of HB 2354 in providing leverage for food product producers to come to the table and agree to phase out artificial dyes.

“When I went and spoke for the first time, and I met with the heads of all the food industry companies, one of the things that they said to us is that the worst thing for us is if we have a patchwork of legislation in all these different states,” Kennedy said. “Those bans have given us leverage to make demands in the food industry.”

But not everyone agrees that the evidence points to adverse health outcomes in children due to consumption of synthetic food dyes. Jeffrey Singer, a senior fellow in the Department of Health Policy Studies at the libertarian Cato Institute, wrote Tuesday that studies have yet to show a direct link.

“There is no conclusive scientific evidence that petroleum-based synthetic dyes are broadly harmful to humans; almost all studies are correlative, and correlation is not the same as causation,” Singer wrote. “Just as consumers who prefer organic foods over conventional options can freely purchase them in a growing market regulated by third-party certifiers, individuals should also have the option to buy products that contain these additives if they determine that the benefits outweigh the risks.”