State passes first-of-its-kind law banning food dyes and preservatives statewide

West Virginia is set to implement a groundbreaking new law that will prohibit certain synthetic dyes and additives used in food items sold in the state. This move comes after Governor Patrick Morrisey signed House Bill 2354 into law, marking the most comprehensive effort to regulate food ingredients at the state level.

The ban will be implemented on a tiered basis, with seven artificial food dyes being prohibited from school lunches starting on August 1. These 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, and Green Dye No. 3. Additionally, two food preservatives, butylated hydroxyanisole and propylparaben, will also be banned from school lunches.

Starting on January 1, 2028, the same food dyes and preservatives will be banned from all food products sold in the state. This comprehensive approach sets West Virginia apart from other states that have introduced similar bills.

Proponents of the West Virginia bill believe that it will lead to improved health outcomes, particularly for children. Governor Morrisey stated, \”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. 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.\”

Health and Human Services Secretary Robert F. Kennedy Jr. has been a key figure in pushing for these changes. Kennedy has instructed FDA officials to explore potential changes to its standards for substances added to food, with a focus on promoting radical transparency.

However, not everyone is in favor of the new law. American Beverage, a leading national trade organization, has raised concerns about the impact of the ban. They argue that it will limit consumer choices, raise grocery store prices, impact jobs, and impose new costs on businesses. Senior Vice President Meridith Potter stated, \”West Virginians deserve choice, information, and facts, not fear. The fact is, this bill will take away choices from West Virginians by eliminating products in nearly every aisle of the grocery store.\”

Despite the pushback, Governor Morrisey and supporters of the bill remain committed to improving the health of West Virginia residents through this legislation. With the ban set to take effect in stages over the coming years, it will be interesting to see how this new law impacts food choices and public health in the state.