West Virginia passes first-of-its-kind law banning food dyes and preservatives; Gov cites MAHA movement
West Virginia will begin prohibiting certain synthetic dyes and additives used in food items sold in the state following the passage of a bill that marks the most comprehensive effort to regulate food ingredients at the state level.
Gov. Patrick Morrisey, a Republican, on Monday signed House Bill 2354 into law, which will implement the ban on a tiered basis.
Starting Aug. 1, seven different artificial food dyes will no longer be allowed for use in school lunches. Beginning Jan. 1, 2028, the same food dyes and two additional food preservatives will not be allowed in any food products sold in the state.
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 will all be banned from school lunches starting in August. The same food dyes, plus the preservatives butylated hydroxyanisole and propylparaben, will then be banned from all food items sold in the state beginning in 2028.
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While several states have introduced or passed similar bills, West Virginia's marks the broadest and most sweeping action on this issue by any state, per local and national media reports. Proponents of the West Virginia bill have suggested the move will help improve health outcomes, particularly for children, but those who are against it argue the move will lead to higher food prices.
"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 after signing the new bill. "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."
Morrisey also thanked Health and Human Services Secretary Robert F. Kennedy Jr. and the Trump administration "for helping us launch this movement right here in West Virginia."
Earlier this month, Kennedy instructed FDA officials to explore potential changes to its "Substances Generally Recognized As Safe (GRAS)" standards that apply regulatory classification to substances added to food. Kennedy has long been a proponent of food safety and said as HHS secretary he wants to promote "radical transparency" on the issue.
"We want the dyes out of the food," Kennedy told Fox News earlier this month.
The issue isn't entirely a Republican one, either. In January, under former President Joe Biden, the Food and Drug Administration (FDA) revoked its authorization of Red Dye No. 3 following pressure from consumer advocates.
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However, American Beverage, a leading national trade organization representing the nation's top non-alcoholic beverage companies, said the new West Virginia bill will significantly limit consumer choices, raise grocery store prices, impact jobs and impose new costs on businesses.
"We want to be really clear about the impact of this sweeping ban, it will hurt West Virginians, both consumers, workers and the overall economy, all over ingredients that have been proven safe," said Meridith Potter, American Beverage senior vice president.
"West Virginians deserve choice, information and facts, not fear," Potter added. "The fact is, this bill will take away choices from West Virginians by eliminating products in nearly every aisle of the grocery store."
Fox News Digital reached out to the White House for comment but did not receive a response in time for publication.