West Virginia law to ban 7 artificial food dyes as other states eye similar measures

Citing potential health risks, West Virginia's governor signed into law a ban of most food dyes and two preservatives in what marks the most sweeping move by a state in the country.

The law, which was signed by Gov. Patrick Morrisey on Monday, bans seven artificial food dyes as well as two artificial preservatives from drugs and food products sold in the state.

Advocates say the ban seeks to address public health problems seen in the state, as lawmakers and scientists across the country look to lessen the use of synthetics in food.

Critics of the West Virginia law say the ban is too widespread, making the majority of items available in grocery stores illegal.

“West Virginia families will face higher food prices and a scarcity of available products in stores because this law effectively outlaws 60% of grocery store food items,” the American Beverage Association said in a press release.

“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 press release. 

Morrisey referenced Make America Healthy Again, campaign slogan that was used by current Health and Human Services Secretary Robert F. Kennedy Jr. during his presidential campaign.

Kennedy told Senate members during his confirmation hearing in January that he wants to reduce the use of artificial food dyes and promote the consumption of whole foods, while still letting Americans make their own decisions for their personal diet. In February, President Donald Trump signed an executive order establishing the President’s Make America Healthy Again Commission, which will be chaired by Kennedy.

What dyes and preservatives are being banned?

According to the law’s text, the following dyes are banned in the state effective Aug. 1:

• Red Dye No. 3
• Red Dye No. 40 
• Yellow Dye No. 5 
• Yellow Dye No. 6 
• Blue Dye No. 1
• Blue Dye No. 2 
• Green Dye No. 3

Then, starting on Jan. 1, 2028, the ban will be expanded to include the following two preservatives: butylated hydroxyanisole and propylparaben.

Bans are being proposed

Although West Virginia has signed the most expansive bill seen so far in the country, it is not the first. In 2023, California signed a bill banning four toxic chemicals from food sold, manufactured, or distributed in the state. Then last year, California signed another law that banned six dyes from being used in food served in schools.

According to the Environmental Working Group, an advocacy organization focused on food safety, more than 50 state bills across the country have been introduced in about 20 states that target food dyes and preservatives.

Fernando Cervantes Jr. is a trending news reporter for USA TODAY. Reach him at fernando.cervantes@gannett.com and follow him on X @fern_cerv_.