West Virginia is set to become one of the first states to prohibit artificial food dyes in school meals, with plans to expand the ban statewide in the future.
Under the proposed legislation, HB 2354, starting August 1, the following synthetic food dyes will no longer be allowed in meals served in West Virginia public schools as part of a nutrition program: 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. However, an exemption applies to foods sold at school fundraisers if the sale occurs off-campus or at least 30 minutes after school ends.
State Delegate Evan Worrell emphasized that major food manufacturers already produce dye-free versions of their products in countries where synthetic dyes are restricted. He cited Kellogg’s Froot Loops as an example, noting that in Canada, the company uses natural coloring from beta carotene and watermelon juice instead of synthetic dyes.
Manufacturers have the ability to create these products without harmful additives, and the cost difference is minimal, Worrell stated. He argued that if companies can do this for international markets, they should be expected to do the same in the United States.
The bill, awaiting the governor’s approval, goes a step further by classifying foods containing these dyes—and additional additives like butylated hydroxyanisole (BHA) and propylparaben—as “adulterated” starting January 1, 2028. These ingredients are considered harmful to health under the legislation. Violations could result in fines of up to $500, jail time of up to one year, or both.
Concerns Over Food Dyes
According to health research, some children are particularly sensitive to artificial food dyes, which may worsen behavioral issues such as inattentiveness, memory impairment, and restlessness. Studies suggest that Red No. 40, Yellow No. 5, and Yellow No. 6—accounting for the majority of food dyes used in the U.S.—are particularly associated with these effects.
In contrast, the European Union mandates warning labels on foods containing these dyes, cautioning that they “may have an adverse effect on activity and attention in children.”
Worrell, who chairs the Health and Human Resources Committee, said the bill was influenced by the “Make America Healthy Again” movement and personal experience. His wife had already been avoiding synthetic dyes at home for their seven children, and after watching the documentary To Dye For, he became convinced that stronger regulations were needed.
Opposition and Legislative Challenges
Despite support for the bill, there has been pushback, particularly from industry groups. State Senator Jason Barrett noted that the West Virginia Beverage Association led the strongest opposition, running radio ads against the bill. However, Barrett dismissed their arguments as ineffective.
Retail groups also raised concerns, with some warning that the law would lead to empty store shelves. Worrell countered this claim by arguing that if 60% of food products rely on these additives, the real issue is their widespread presence in everyday diets.
A Growing Movement
West Virginia is not alone in addressing this issue. California has already passed similar legislation, banning six of the seven dyes included in West Virginia’s bill from public school meals. Other states are also considering similar measures to regulate artificial food dyes.
Worrell expressed hope that action would be taken at the federal level, criticizing the Food and Drug Administration (FDA) for failing to regulate these additives more strictly. He urged the FDA to take responsibility and implement nationwide restrictions to protect consumers.
