West Virginia Bans Most Artificial Dyes; Numerous Other States Considering Similar Legislation

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Governor Patrick Morrisey of West Virginia signed House Bill 2354 into law, which prohibits certain food dyes in school lunches and unhealthy food items for sale 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 August 1, 2025:

  • 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

Beginning on January 1, 2028, the same dyes, along with preservatives butylated hydroxyanisole and propylparaben, must not be contained in food items for sale in the state.

In 2024, California’s School Food Safety Act (AB 2316) banned six dyes in food lunches.

Other states that are currently considering similar legislation include:

  • Oregon
  • Utah
  • New Mexico
  • Arizona
  • Texas
  • Oklahoma
  • Minnesota
  • Iowa
  • Missouri
  • Illinois
  • Indiana
  • Kentucky
  • Virginia
  • Delaware
  • Maryland
  • Pennsylvania
  • New York
  • Vermont
  • Massachusetts
  • Connecticut
  • Florida

As a reminder, Bloomberg Law, Westlaw and Lexis all have bill tracking available for you to keep updated on any legislation as it moves through a legislature.

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