West Virginia Gov. Patrick Morrisey signed Home Invoice 2354 into legislation on March 24, making the state the primary to enact a complete statewide ban on sure synthetic meals dyes and preservatives.
The laws, impressed by the “Make America Wholesome Once more” (MAHA) motion, will prohibit seven artificial dyes at school meals beginning Aug. 1, with the ban extending to all meals and medicines offered statewide by Jan. 1, 2028. U.S. Well being and Human Providers Secretary Robert F. Kennedy Jr. has instructed meals executives that eradicating synthetic meals dyes is an pressing precedence.
The banned components embody Pink Dye No. 3, Pink Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Inexperienced Dye No. 3, adopted by preservatives butylated hydroxyanisole (BHA) and propylparaben in 2028. Lawmakers cited mounting proof of well being dangers, together with hyperactivity in youngsters and potential carcinogenic results, as driving the push in a state with a 41 % grownup weight problems price and the nation’s highest diabetes prevalence, in response to the Facilities for Illness Management and Prevention.
Key provisions of West Virginia’s meals dye ban
“West Virginia ranks on the backside of many public well being metrics, which is why there’s no higher place to guide the Make America Wholesome Once more mission,” Morrisey mentioned on the signing.
“By eliminating dangerous chemical substances from our meals, we’re defending our youngsters from vital long-term well being and studying challenges.”
The invoice, spearheaded by Sen. Jason Barrett, R-Berkeley, and Del. Evan Worrell, R-Cabell, handed the Legislature earlier this month with overwhelming help — 31-2 within the Senate and 93-5 within the Home. It was a precursor to U.S. Secretary of Well being and Human Providers Robert F. Kennedy Jr.’s MAHA agenda. The U.S. Meals and Drug Administration has permitted most of those dyes and components, although it banned Pink No. 3 in January, 2025.
Business pushback and statewide impression of the brand new legislation
Business teams, together with the West Virginia Beverage Affiliation, have voiced opposition to the laws, calling it pointless.
“We stand against this pointless laws. This matter must be determined individually, by means of product transparency and shopper selection,” the affiliation posted on X on March 18.
The Nationwide Confectioners Affiliation echoed the issues, stating that common snacks like Flamin’ Scorching Cheetos, which include Pink No. 40 and Yellow No. 6, may disappear from retailer cabinets.
Supporters, nevertheless, argue that options can be found.
“Retailers like Aldi already use pure components,” Sen. Jason Barrett mentioned, dismissing trade “scare ways.”
A 2021 California research that linked meals dyes to behavioral points strengthens West Virginia’s place, although the FDA maintains that the components are protected at present ranges.
The legislation’s phased method — college meals in Aug. and statewide gross sales in 2028 — goals to ease compliance. At the very least 25 different states are actually eyeing comparable bans.
“It is a step towards a productive dialogue about how we will eat more healthy,” Morrisey mentioned, pledging to stability well being beneficial properties with financial stability throughout implementation.
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