West Virginia has become the latest state to ban certain food dyes in the name of protecting its constituents. 

On Monday, Governor Patrick Morrisey signed into law House Bill 2354, which bans several major food dyes and two preservatives. 

“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,” Gov. Morrisey shared in a statement. “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. Thank you to the Legislature, HHS Secretary Robert Kennedy, and the entire Trump Administration for helping us launch this movement right here in West Virginia.”

The law bans the use of 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, along with the preservatives butylated hydroxyanisole and propylparaben, from being used in drugs or food products sold in the state. The dyes will be banned from use in “any meal served in a school nutrition program” starting on August 1, 2025. Then, the dyes and the preservatives will be banned statewide starting January 1, 2028. 

It should be noted that Red Dye No. 3 was already banned by the Food and Drug Administration (FDA) earlier this year. As Food & Wine previously reported, Red Dye No. 3 must be removed from food products by mid-January 2027 and from ingested drugs by 2028. 

California also banned Red Dye No. 3, along with brominated vegetable oil, potassium bromate, and propylparaben, in 2023. Since then, a flurry of other states have either enacted or are in the process of enacting similar legislation, which you can track using the Environmental Working Group’s interactive map. 

But not everyone is on board with the idea of banning these ingredients, as it could make grocery bills skyrocket or some food items impossible to buy. 

“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, “American Beverage President and CEO Kevin Keane shared in a press release. “West Virginians will be left with fewer choices because of what politicians in Charleston decided without any sound science behind them. Many good jobs will be lost. Businesses will close.” 

However, for at least Red Dye No. 3, there is some sound science there, including a 2021 study by the California Office of Environmental Health Hazard Assessment, which found that many food dyes and colorants could make children more susceptible to behavioral difficulties. 

“Many synthetic food dyes are allowed in food but haven’t been reviewed for safety by the FDA in decades despite recent studies that have linked the chemicals to serious health problems,” Brian Ronholm, director of food policy at Consumer Reports, shared in a previous statement provided to Food & Wine. “It’s time for the FDA to catch up with the latest science and get these harmful chemicals out of our food.” 

With these new laws, it appears as though states are ready to sidestep the FDA completely to hasten the process. In January, Senator Brian Kavanagh (D-District 27)  from New York state, along with Assemblymember Dr. Anna Kelles (D-District 125) introduced the New York Food Safety and Chemical Disclosure Act, a bill that — if passed — could not only ban certain chemicals, but would also “amend the agriculture and markets law and the education law, in relation to prohibiting certain food additives and food color additives.” 

“When we’re at a federal deregulation time like we are now … there’s never been a better time for the states and cities to take action,”  Jennifer L. Pomeranz, an associate professor of public health policy and management at NYU, shared during a panel discussion about the bill. “Although it’s actually always been a great time for states and cities to take action because they can do things that can protect us.”