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

This story first appeared on West Virginia Watch. 

West Virginia Gov. Patrick Morrisey, a Republican, signed a bill Monday 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. “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.

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.

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, the industry 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.”

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

“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.

West Virginia Watch is part of States Newsroom, a national nonprofit news organization.