West Virginia governor signs ban on food dyes

West Virginia will no longer allow the sale of food products that use any of seven listed food dyes or two preservatives effective Jan. 1, 2028.

The new regulations signed into law Monday by Gov. Patrick Morrisey (R) will also ban schools from using the additives in meals by this fall.

"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 after signing the legislation.

"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," he added.

The Make America Health Again (MAHA) movement Morrisey referenced has been championed by the Trump administration and Health and Human Services Secretary Robert F. Kennedy Jr., who has been a long-time critic of some substances commonly added to processed food and drinks.

Describing the substances as "poisonous or injurious," the new West Virginia law bans potentially carcinogenic preservative butylated hydroxyanisole; propylparaben, an additive that can impact reproductive health in high doses; and specific synthetic blue, green, yellow and red food dyes, including FD&C Red No. 3, which the Food and Drug Administration (FDA) moved to ban earlier this year.

The dyes are most commonly used to brighten processed foods. A recent Wall Street Journal analysis found that many familiar products use at least one artificial dye, and several of those contain multiple.

West Virginia's 2028 deadline is intended to give companies time to adjust without causing major disruptions for consumers, according to the governor's office.

"Through the implementation process, I look forward to advancing policies which improve our health care outcomes, maintain our jobs, and respect the FDA’s and supply channel’s role in the process," Morrisey said.

Kevin Keane, president and CEO of the non-alcoholic beverage industry group American Beverage estimated that the change will affect about 60 percent of food items sold in grocery stores.

"West Virginians will be left with fewer choices because of what politicians in Charleston decided without any sound science behind them," he said in a statement. "For more than 100 years, our iconic American brands have been producing refreshing beverages that Americans know, love and trust. Every ingredient on our product labels has been reviewed and approved by leading regulatory agencies worldwide ... and all our ingredients have consistently been proven safe."

The International Association of Color Manufacturers (IACM) also slammed West Virginia's new law.

"Restricting color additives ignores scientific evidence and fails to consider the complex challenges of reformulation," the IACM said in a statement. "Reformulating products is neither simple nor immediate, and the resulting supply disruptions will limit the availability of familiar grocery items, exacerbating food accessibility challenges, especially in rural areas."

According to a bill tracker maintained by the National Conference of State Legislatures, more than half a dozen states are weighing legislation this year to restrict the use of certain dyes or other additives in food products. The effort has gain traction across the political spectrum.

California is set to block the use of propylparaben and Red No. 3 in 2027, following legislation passed in 2023.

Virginia will ban certain artificial dyes from foods sold in schools in 2027, under a law Gov. Glenn Youngkin (R) signed earlier this month.