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West Virginia Enacts Nation's Most Sweeping Ban on Artificial Food Dyes and Preservatives

The law, signed by Governor Patrick Morrisey, targets seven synthetic dyes and two preservatives, with phased implementation starting in August 2025.

FILE - Boxes of Kellogg's Fruit Loops cereal are displayed in a Target store in Pittsburgh, Nov. 16, 2022. (AP Photo/Gene J. Puskar, File)
FILE - West Virginia Attorney General Patrick Morrisey speaks during a news conference at the state Capitol, in Charleston, W.Va., May 4, 2023. (AP Photo/Jeff Dean, File)
FILE - Robert F. Kennedy, Jr., President Trump's nominee to serve as Secretary of Health and Human Services testifies during a Senate Committee on Health, Education, Labor and Pensions hearing for his pending confirmation on Capitol Hill, Thursday, Jan. 30, 2025, in Washington. (AP Photo/Rod Lamkey, Jr., File)
FILE - In this photo from July 29, 2015, a GNT employee deposits carrot extract on to a spoon at their offices in Tarrytown, N.Y. (AP Photo/Seth Wenig, File)

Overview

  • The ban prohibits seven artificial food dyes, including Red Dye No. 3 and Yellow Dye No. 5, and two preservatives, butylated hydroxyanisole and propylparaben, statewide by 2028.
  • School meal restrictions on the banned additives will begin on August 1, 2025, with the full ban on all food and drugs taking effect on January 1, 2028.
  • The legislation is part of the 'Make America Healthy Again' movement led by Health and Human Services Secretary Robert F. Kennedy Jr., addressing public health concerns in West Virginia.
  • Critics, including the American Beverage Association, warn of increased food prices and reduced availability, potentially impacting low-income communities the most.
  • West Virginia's move follows narrower bans in California and aligns with international trends, as over 20 states consider similar measures to regulate synthetic additives.