This week, Governor Patrick Morrisey signed House Bill 2354 into law, which prohibits certain harmful food dyes from being used as an ingredient in school lunches and in food items throughout West Virginia.
“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,” said Governor Morrisey. “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 F. Kennedy Jr., and the entire Trump Administration for helping us launch this movement right here in West Virginia.”
The legislation deems the following food additives unsafe and prohibits their use as an ingredient in any meal served in a school nutrition program beginning Aug. 1, 2025:
Red Dye No. 3 Blue Dye No. 1
Red Dye No. 40 Blue Dye No. 2
Yellow Dye No. 5 Green Dye No. 3
Yellow Dye No. 6
Beginning on Jan. 1, 2028, the same dyes, along with preservatives butylated hydroxyanisole and propylparaben, must not be contained in drugs and food items for sale in the state. This extended deadline allows companies ample time to adjust, protecting consumers from price increases.
“Today’s announcement represents a step toward a productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens,” said Governor Morrisey. “Through the implementation process, I look forward to advancing policies which improve our health care outcomes, maintain our jobs, and respect the FDA’s and supply channel’s role in the process.”
