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West Virginia has taken a significant step by banning certain artificial dyes and other additives from foods, marking one of the most extensive statewide prohibitions of its kind. This decision is based on potential health risks and aligns with a larger effort by scientists and policymakers to reduce synthetic substances in the country’s food system.
On Monday, West Virginia Governor Patrick Morrisey enacted legislation, previously approved by lawmakers, to remove seven specific artificial dyes — Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3 — from consumable products and medications offered within the state. The law also includes a ban on the preservatives butylated hydroxyanisole and propylparaben.
Starting August 1, these dyes will be prohibited in school meal programs, while their inclusion alongside the two preservatives in foods and medications sold across the state will be prohibited beginning January 1, 2028, as announced by the governor’s office.
“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 in a statement, citing the campaign slogan popularized by Health and Human Services Secretary Robert F. Kennedy Jr., who has said he is prioritizing the removal of artificial dyes from food and drinks sold around the United States. “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.”
The latest ban in West Virginia follows a pair of laws passed in California in recent years to remove some additives from foods sold statewide and synthetic dyes from school meals. Dozens of other U.S. states have introduced legislation to ban or more strictly regulate certain food additives, including artificial dyes, since the beginning of the year, according to the Environmental Working Group, an advocacy organization focused on food safety.
Thirty-six color additives are approved by the Federal Drug Administration for use in food and drinks in the U.S., including nine artificial dyes.
Rising concerns from advocacy groups and scientists about possible health consequences of synthetic food components, particularly for children, prompted the FDA to undertake a new effort in December to review previously approved additives, although the agency’s deputy commissioner for human foods warned at the time that budget restrictions might prevent a timely turnaround. In January, the FDA announced its decision to revoke the authorization for one dye, Red 3, to be added to foods, after evidence showed a link between the dye and cancer in laboratory animals.