In a groundbreaking move for public health policy, West Virginia has become the first state to implement a comprehensive ban on multiple synthetic food dyes and preservatives. Governor Patrick Morrisey signed House Bill 2354 into law on March 24, 2025, targeting seven common food dyes and two preservatives linked to health concerns. This legislation marks a significant step in the state’s “Make America Healthy Again” mission, aimed at addressing West Virginia’s struggling health metrics. “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,” said Governor Morrisey during the signing ceremony at the state capitol.
A Bold Step for Public Health
The passage of H.B. 2354 positions West Virginia at the forefront of a growing national movement to eliminate potentially harmful additives from our food supply. Unlike the more limited bans seen in other states, West Virginia’s legislation targets a comprehensive list of synthetic colorings and preservatives. This move follows recent FDA action in January 2025 when the agency revoked authorizations for Red No. 3 in food and ingested drugs, but West Virginia has gone much further.
This landmark legislation aims to protect consumers, particularly children, from substances that have been linked to adverse health effects. The ban covers familiar colorings like Red 40 and Yellow 5 that have been staples in processed foods for decades. Beyond just food dyes, the law also prohibits butylated hydroxyanisole and propylparaben, preservatives that have raised safety concerns among health advocates.
I’ve been tracking the West Virginia food dye regulations since they were first proposed, and the final legislation is even more comprehensive than initially expected. For families concerned about artificial ingredients in their food, this represents a significant victory after years of advocacy from parent groups and health organizations.
What’s Being Banned and Why
The new law targets specific synthetic food colorings that have been controversial for many years. The full list of banned substances includes:
- Red Dye No. 3
- Red Dye No. 40
- Yellow Dye No. 5
- Yellow Dye No. 6
- Blue Dye No. 1
- Blue Dye No. 2
- Green Dye No. 3
- Butylated hydroxyanisole (BHA)
- Propylparaben
These dyes have been associated with various health concerns, particularly in children. Research has suggested links between certain synthetic food colorings and behavioral problems like ADHD, though the evidence remains somewhat contested. The preservatives on the list have also raised concerns about potential endocrine disruption and other health impacts.
Many of these additives have already been restricted or banned in European countries, where regulators have taken a more cautious approach to food additives. The European Food Safety Authority has required warning labels on products containing some of these dyes since 2010, noting they “may have an adverse effect on activity and attention in children.”
Implementation Timeline: A Phased Approach
Recognizing the challenges of removing these widespread ingredients from the food supply, West Virginia has adopted a gradual implementation schedule for the ban. The legislation will roll out in two distinct phases:
- Phase 1 (August 1, 2025): Ban takes effect in all school nutrition programs throughout West Virginia
- Phase 2 (January 1, 2028): Full ban implemented for all food, beverages, and over-the-counter drugs sold in the state
This phased approach gives food manufacturers, distributors, and retailers adequate time to reformulate their products and adjust their supply chains. It also allows schools to transition to dye-free alternatives without disrupting meal programs mid-year. The longer timeline for the full implementation recognizes the complexities involved in reformulating thousands of products.
California implemented similar bans in school foods in 2023, though their full implementation isn’t scheduled until 2028. West Virginia’s more aggressive timeline for school foods reflects the state’s urgency in addressing health concerns, particularly for children who may be most vulnerable to these substances.
Public Health Motivations Behind the Ban
The legislation comes as part of a broader initiative to improve West Virginia’s public health outcomes, which consistently rank among the lowest in the nation. The state has high rates of obesity, diabetes, and other chronic health conditions compared to national averages. While banning food dyes won’t solve these issues overnight, policymakers view it as part of a comprehensive approach to creating a healthier food environment.
Concerns about neurobehavioral effects have been a particular driver behind the ban. Some research has indicated that certain synthetic food dyes may contribute to hyperactivity and attention problems in susceptible children. By removing these substances from school foods first, the state hopes to create learning environments where children can focus better and perform at their best academically.
The ban also acknowledges growing consumer demand for cleaner, less processed foods. Many parents have already been seeking out dye-free alternatives for their families, but navigating food labels can be challenging. This legislation effectively streamlines that process by ensuring that, eventually, all foods sold in West Virginia will be free of these controversial additives.
Industry Pushback and Economic Concerns
Not everyone is celebrating the new law. The American Beverage Association has raised significant concerns about its potential economic impact on West Virginia consumers and businesses. “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,” said Kevin Keane, president and CEO of the American Beverage Association.
Food manufacturers argue that reformulating products specifically for one state creates logistical challenges and increases costs. Some smaller companies may simply choose to stop selling certain products in West Virginia rather than create state-specific formulations. This could potentially lead to reduced product availability and higher prices for consumers.
The rising costs in food production are already squeezing many manufacturers, and the added expense of reformulation could compound these challenges. Industry representatives have suggested that federal regulation would be preferable to a patchwork of state laws, which creates compliance challenges for companies that operate nationally or globally.
National Context and Growing Momentum
West Virginia’s ban represents the leading edge of what appears to be a growing national trend. Over 20 states are currently considering similar legislation to restrict synthetic food dyes and other additives. California has already banned Red No. 3 and other additives effective 2027, and six synthetic food dyes in public schools effective 2028.
The momentum for these changes comes partly from consumer advocacy groups that have long pushed for stricter regulation of food additives. Organizations like the Center for Science in the Public Interest have advocated for FDA action on synthetic food dyes for years. “FDA should be the ones regulating these products because states have better things to do with their time,” said Jensen Jose, regulatory counsel for the Center for Science in the Public Interest.
Despite calling for federal leadership, many advocacy groups support state-level action in the absence of comprehensive FDA regulation. They view state bans as important steps toward creating safer food systems nationally. These state laws can sometimes prompt federal action or voluntary industry changes as companies adapt their formulations for all markets rather than creating state-specific products.
The snack food industry has already been shifting toward natural colors and flavors in response to consumer preferences, independent of regulatory requirements. Many major brands have reformulated products to remove artificial colors and flavors in recent years, suggesting that the industry may be moving in this direction regardless of legislation.
What This Means for Consumers and Food Manufacturers
For West Virginia residents, particularly parents, the new law promises a future where reading food labels becomes simpler. By 2028, consumers can trust that products sold in the state won’t contain the banned dyes and preservatives. This provides peace of mind for those concerned about these ingredients without requiring constant vigilance while shopping.
Food manufacturers now face important decisions about how to respond to this legislation. Some may choose to reformulate products nationally rather than creating West Virginia-specific versions. Others might opt to replace synthetic colors with natural alternatives like beet juice, turmeric, or spirulina, which can provide similar visual appeal without the controversial synthetic chemicals.
I’ve noticed that the culinary community is adapting with creative recipes that use natural colorings for vibrant results. Home bakers and professional pastry chefs alike are exploring alternatives that can create colorful treats without synthetic dyes. This creativity could inspire commercial manufacturers looking for solutions.
While the FDA’s regulatory approach continues to evolve slowly, West Virginia’s bold move may accelerate changes across the food industry. As more states adopt similar measures, the practical reality for manufacturers will be adapting to the most stringent requirements rather than maintaining different formulations for different markets. If you’re passionate about food and health, consider exploring our foodie-themed apparel that celebrates clean eating and culinary creativity.
For consumers outside West Virginia, these changes may eventually lead to wider availability of products free from synthetic dyes, even in states without bans. As companies reformulate major brands to comply with West Virginia’s law, those same reformulated products will likely appear on shelves nationwide. While the debate about the health impacts of these ingredients continues, West Virginia’s ban represents a significant shift in how we approach food safety and public health in America.
As this legislation takes effect, I encourage readers to support local dessert shops that are already using natural ingredients and coloring alternatives. These businesses often lead the way in creating healthier treats that don’t sacrifice visual appeal or taste.