West Virginia Bans 7 Artificial Food Dyes, 2 Preservatives

The dyes and preservatives were banned due to health concerns, the governor announced.

Sweets are displayed for sale at a store in New York City on Aug. 24, 2016. Spencer Platt/Getty Images

In the most extensive law of its kind, West Virginia has banned seven synthetic dyes and two preservatives in all food and beverages sold in the state, the governor announced.

Gov. Patrick Morrisey signed a measure into law that will implement a portion of the ban starting in August. Under the measure, seven different food dyes—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—cannot be used in school lunches beginning Aug. 1.

More broadly, the West Virginia law will prohibit those dyes from being in any food products sold in the state starting Jan. 1, 2028, according to the bill. Aside from dyes, synthetic chemical preservatives propylparaben and butylated hydroxyanisole will also be barred, the governor’s office said in a statement.

The 2028 deadline was set to allow food companies time to comply with the bill and to protect consumers from increases in prices, his office said.

“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 on Monday, referring to an initiative started by the Trump administration and Health and Human Services Secretary Robert F. Kennedy Jr. “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 said the move is also designed to encourage “productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens.”

Meanwhile, lawmakers in more than 20 states are making a bipartisan push to restrict access to the dyes, which have been linked to neurobehavioral problems in some children, and of which Kennedy has been an outspoken critic. California last year and Virginia last week approved narrower bills that would ban six artificial dyes from being served in public schools starting in 2027.

“We should not be forced to police our own foods,” said state Republican Sen. Laura Wakim Chapman, who leads the Senate’s health committee and told lawmakers the vote might be the most important of their political careers. “No more toxic colors, no more poisoning ourselves and our children. No more unnecessary risks. Our health is not for sale.”

At the federal level, the U.S. Food and Drug Administration (FDA) issued a ban on Red Dye No. 3 earlier this year from the U.S. food supply and drugs. That order issued a 2027 deadline for companies to comply and remove the synthetic chemical from their products. Makers of ingested drugs such as cough syrups have until January 2028.

In remarks to executives of major food companies this month, Kennedy said he wants artificial dyes to be removed from the food supply.

“We will strengthen consumer trust by getting toxins out of our food,” he wrote after meeting with the heads of PepsiCo, Tyson Foods, and other companies.

“For far too long, ingredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals, often with unknown safety data, to be introduced into the U.S. food supply without notification to the FDA or the public,” Kennedy wrote in a March 10 statement posted on social media platform X.

The Associated Press contributed to this report.