West Virginia Bans Artificial Food Dyes, Supporting the Make America Healthy Again initiative.
In a bold move towards safeguarding our nation’s future, West Virginia has taken a definitive stand by banning several synthetic food dyes and preservatives. This action propels the state into the heart of the “Make America Healthy Again” initiative, a visionary program led by President Trump’s Health and Human Services Secretary, Robert F. Kennedy Jr.
Governor Patrick Morrisey of West Virginia made history by signing House Bill 2354 into law on March 24, 2025. This legislation is a significant stride in combating health risks—particularly those impacting our children—such as obesity and tumors.
Expressing profound gratitude, Governor Morrisey stated, “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. 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.”
Starting August 1, 2025, the following artificial food dyes will be banned in school nutrition programs:
- 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
Furthermore, starting January 1, 2028, the preservatives butylated hydroxyanisole (BHA) and propylparaben will be removed from all food items in the state. This phased approach gives companies time to adjust product formulations and avoid potential price hikes.
This legislation is a response to growing concerns about the health effects of synthetic food additives. Some studies indicate a link between artificial dyes and neurobehavioral issues in children, pressing for stricter regulations. While the FDA has traditionally approved many color additives, there’s a reconsideration of their safety underway. For instance, the FDA plans to eliminate Red Dye No. 3 by 2027 due to its association with cancer in animal studies.
West Virginia’s move echoes actions by other states. In 2023, California prohibited Red Dye No. 3 and other additives, with numerous states contemplating similar measures. This trend marks a national drive to eradicate potentially harmful chemicals from our food supply, prioritizing public health.
Despite some industry concerns about product availability and costs, the primary mission remains safeguarding our citizens’ health. This especially applies to children by minimizing exposure to questionable food additives.
In his insightful 2006 book, “Crunchy Cons,” author Rod Dreher discussed a countercultural conservative strain that values organic food, environmental stewardship, and traditional living. These “crunchy conservatives” challenge mainstream consumerism, aligning with agrarian ideals more commonly associated with the left. Their influence persists in debates over food safety and chemical additives, where right-leaning naturalists join forces with libertarians and health-conscious parents against Big Food and FDA complacency. These efforts reshape parts of the conservative movement around principles of bodily integrity and clean living.
European regulators adopt a more cautious stance on synthetic food dyes and preservatives compared with the U.S. The EU only authorizes additives if deemed safe, banning or heavily restricting others. Following a 2007 study linking certain dyes to hyperactivity in children, the EU mandated warning labels on foods containing specific synthetic dyes, prompting many manufacturers to switch to natural alternatives. Unlike the U.S., which permits additives unless proven dangerous, the EU’s precautionary principle favors consumer safety amid scientific uncertainty.
The legislation impacts various food items, including:
- Red Dye No. 3 (Erythrosine)
- Candies: Peeps (pink), some gumballs, some red or pink candy canes
- Baked Goods: Cake decorating gels, some maraschino cherries
- Snacks: Certain store-brand fruit snacks
- Others: Medications and cough syrups (as a coloring agent)
- Red Dye No. 40 (Allura Red)
- Candies: Skittles, M&Ms (red), Starburst, Swedish Fish, Sour Patch Kids
- Beverages: Gatorade Fruit Punch, Mountain Dew Code Red, Hawaiian Punch
- Snacks: Doritos (especially Spicy Nacho, Flamin’ Hot), Cheetos
- Desserts: Strawberry or cherry-flavored Jell-O, flavored yogurts
- Cereals: Froot Loops, Cap’n Crunch Berries, Trix
- Yellow Dye No. 5 (Tartrazine)
- Candies: Lemonheads, Sour Patch Kids, Laffy Taffy, jelly beans
- Beverages: Mountain Dew, many lemon-lime sodas
- Snacks: Doritos, flavored popcorn, instant macaroni and cheese
- Desserts: Pudding mixes, some boxed cake mixes, Jell-O Lemon
- Yellow Dye No. 6 (Sunset Yellow)
- Candies: Reese’s Pieces, some orange jelly beans, orange Skittles
- Beverages: Orange Gatorade, Sunkist, orange Kool-Aid
- Snacks: Nacho cheese chips (e.g., Doritos), Cheetos
- Desserts: Orange Jell-O, boxed cake or muffin mixes
- Blue Dye No. 1 (Brilliant Blue)
- Candies: Blue raspberry Jolly Ranchers, M&Ms (blue), Nerds
- Beverages: Blue Gatorade, Blue Powerade, Slushies
- Desserts: Blue Jell-O, frosting, cake decorations
- Blue Dye No. 2 (Indigo Carmine)
- Candies: Grape-flavored candies, dark blue jelly beans
- Beverages: Some blue or purple sports drinks and sodas
- Snacks: Some cereals, like Trix and Fruity Pebbles
- Green Dye No. 3 (Fast Green)
- Candies: Some green jelly beans, mints, candy canes, icing
- Desserts: Mint chocolate chip ice cream, green cakes and frostings
- Other: Occasionally used in canned vegetables to enhance color
