
OAN Staff James Meyers
8:19 AM – Tuesday, March 25, 2025
West Virginia has banned foods that contain certain artificial dyes or other additives.
West Virginia Governor Patrick Morrisey (R-W.Va.) signed House Bill 2354 into law on Monday, which bans the sale and manufacture of foods containing several commonly used food dyes and preservatives in the Mountain State.
The bill was passed Monday morning by legislators that eliminates seven artificial 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 — from food products and drugs sold in the state. The bill also bans preservatives butylated hydroxyanisole and propylparaben.
Additionally, the bill will make the banned dyes not allowed to be served as part of school nutrition programs starting on August 1st this year, while the dyes and the two preservatives will not be permitted in drugs and food sold in the state beginning on January 1, 2028, according to the governor’s office.
“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, citing the campaign slogan popularized by Health and Human Services Secretary Robert F. Kennedy Jr., who has said he is prioritizing the removal of artificial dyes from food and drinks sold around the United States. “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.”
Foods that will be affected by the ban include Mountain Dew, Doritos, M&Ms, several varieties of Gatorade, Minute Maid Lemonade and many other foods and drinks found in stores.
The latest ban in West Virginia comes after California passed a similar pair of laws in recent years to remove additives from foods sold statewide and synthetic dyes from school meals.
Additionally, several other states have introduced bills to ban or regulate specific food additives, including artificial dyes, since the beginning of this year, according to the Environmental Working Group, which is an advocacy organization focused on food safety.
Currently, the Federal Drug Administration (FDA) approves of 36 color additives for use in food and drinks in the U.S., including nine artificial dyes.
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