West Virginia bans seven food dyes

West Virginia Gov. Patrick Morrisey on Monday signed a measure into law banning seven food dyes from school lunches, and eventually, from products sold in the state.

The provision excludes the dyes, which the governor’s office calls harmful, from school lunches beginning Aug. 1. Beginning in 2028, the dyes, along with two preservatives—butylated hydroxyanisole and propylparaben—will be banned from food and drugs sold in the state. The governor’s office said the timeline should ensure customers don’t face price increases.

Lobbyist group Americans for Food & Beverage Choice spent $19,000 dollars in the last few weeks campaigning against the bill, which they called unnecessary government overreach, West Virginia Watch reported.

Which dyes are banned?

• 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

The Food and Drug Administration in January revoked its authorization of Red No. 3 because it was found to cause cancer in rats, though the administration said humans cannot develop cancer in the same way. The FDA still allows the use of other dyes on West Virginia’s list.

Is the legislation related to the “Make America Healthy Again” movement? Both the law’s House sponsor and Morrisey said West Virginia’s current place at the bottom of many health metrics made it an ideal forefront of the movement. Morrisey thanked Health and Human Services Secretary Robert F. Kennedy Jr. and the Trump administration for their help.

In neighboring Virginia, Governor Glenn Youngkin on March 21 also signed legislation banning the same dyes from school lunches. California passed a similar law in 2024. Nearly half of state legislatures have introduced measures this year cracking down on food dyes and food additives, according to NBC.

Dig deeper: Read Christina Grube’s story on the Food and Drug Administration’s effort to review the safety of baby formula.