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