Western Virginia Governor Patrick Morci signed the House of Representatives Law 2354 in the March 24 law, making the state the first to enact a comprehensive prohibition at the state level of some dyes and artificial food preservatives.
The legislation, inspired by the “Make Americ Healthy Again” (MAA), will prohibit seven artificial dyes in school meals starting from August 1, where the ban extends to all foodstuffs and drugs sold at the state level by January 1, 2028. The US Minister of Health and Humanitarian Services Robert F. Kennedy Junior.
The prohibited additions include red dye No. 3, red dye No. 40, yellow dye No. 5, yellow dye No. 6, blue dye number 1, blue dye number 2, and green dye No. 3, followed by preservatives supported by hydroxyionzol, including box effects, and propylparaben in 2028. With an adult obesity rate 41 percent and the highest prevalence of diabetes in the country, according to the Centers for Disease Control and Prevention.
The main provisions for prohibiting food dye in Western Virginia
“Western Virginia is at the bottom of many public health standards, and for this reason there is no better place to lead an important leadership that makes America healthy again.”
“By eliminating harmful chemicals from our food, we protect our children from healthy challenges and long -term learning.”
The draft law, led by Senator Jason Barrett, R Berkeley, and Deale. It was an introduction to the American health secretary and humanitarian services, Robert F. Kennedy Junior. The US Food and Drug Administration agreed to most of these dyes and additions, although it banned the red number 3 in January 2025.
Industry reaction and influence at the state level of the new law
Industry groups, including the Western Drinks Association in Virginia, expressed their opposition to legislation, describing it as unnecessary.
“We stand opposed to this unnecessary legislation. This issue must be identified individually, through the transparency of the product and the choice of the consumer,” the association was published in X on March 18.
The National Sweets Association has echoed these concerns, noting that famous snacks like Flamin ‘Hot Cheetos, which contains No. 40 red and yellow No. 6, can disappear from store shelves.
However, supporters argue that alternatives are available.
Senator Jason Barrett said: “Retail traders like aldi are already natural ingredients,” and the industry rejects the “fear tactics”.
A California 2021 study that linked food dyes to behavioral issues strengthens West Virginia’s position, although Food and Drug Administration (FDA) confirms that additives are safe at the current levels.
The gradual approach to the law – school meals in August and sales at the state level in 2028 – aims to reduce compliance. At least 25 other states are now looking for a similar ban.
“This is a step towards a fruitful dialogue on how we are eating health,” Morisi said, and it undertakes to balance health gains with economic stability during implementation.
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