Changing Palettes: Gov. Morrisey Signs Food Dye Ban

Monday Gov. Patrick Morrisey signed House Bill 2354, which bans certain food additives from schools in the state starting in August of this year. It will also ban those same additives from being sold statewide starting in 2028. 

West Virginia is now the first state to have this expansive ban on food additives. The only other state with similar legislation is California. 

House Bill 2354 bans foods that contain a series of ingredients including preservatives like butylated hydroxyanisole, propylparaben and food dyes like Blue No. 1, Blue No. 2,  Green No. 3,  Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6. 

Red Dye 3 is currently banned by the FDA and not sold in food in the U.S. 

The new law has a number of implications for the state. It’s estimated that by 2028 60% of food currently for sale at grocery stores will be taken off the shelf. 

The legislation comes on the heels of the Make America Healthy Again Wave inspired by the U.S. Health Secretary Robert F. Kennedy Jr. 

Sen. Jason Barrett, R-Berkeley, said he is proud to see West Virginia leading the way on this legislation.

“Really excited that Governor Morrisey signed our ban on food dyes in West Virginia,” Barrett said. “I think West Virginia is going to be the first of many states here in the near future to pass similar legislation to ban food dyes, not only in the school setting, but also statewide”

Thirteen other states, from Oregon to Florida, have proposed similar legislation. 

Opponents of the legislation say it could make food more expensive and harder to get in the state. Since the law will have an impact on schools this year, some worry it could hurt schools’ bottom line. The bill does not provide any extra money to pay for a change in food orders. 

Barrett, who is also the chair of the Senate Finance Committee, doesn’t believe the bill will cost schools more.

“I think from a practical standpoint, it’s the difference between Cheerios and Fruit Loops. Fruit Loops have synthetic dyes. Cheerios don’t,” Barrett said.  

Many foods like puddings, juices, and dry snacks will have to either be reformulated or taken off the shelves completely. The bill was the 12th bill that the governor has signed so far.