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West Virginia will launch a ban on certain synthetic dyes and additives used in foods sold in the state following the passage of a bill that marks the most comprehensive efforts to regulate food ingredients at the state level.
Republican Gov. Patrick Morrissey signed the law on House Bill 2354 on Monday, enforcing a tiered-based ban.
Starting August 1st, seven different artificial food dyes will no longer be permitted to be used in school lunches. Starting January 1, 2028, the same food dye and two additional food preservatives will not be permitted in foods sold in the state.
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 will all be prohibited from school lunches starting in August. The same food dyes, as well as butylated hydroxyanisol precebate and propylparaben, will be banned from all foods sold in the state since 2028.
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While several states have introduced or passed similar bills, West Virginia has shown the broadest and most drastic action on the issue in every state, with each local and national media coverage. Supporters of the West Virginia bill suggest that the move will help improve health outcomes, particularly for children, but those who oppose it argue that the move will lead to higher food prices.
Gov. Patrick Morrisey signs House Bill 2354 to implement a tiered-based ban. (Getty Images/Fox News)
“West Virginia ranks at the bottom of many public health indicators, so there’s no good place to lead the Make America Healthy Mission,” Morrisey said after signing the new bill. “By eliminating harmful chemicals from food, we are taking steps to improve the health of our residents and protect our children from long-term health and learning challenges.”
Morrisey also thanked Health and Human Service secretary Robert F. Kennedy Jr. and the Trump administration, “helped launch this movement here in West Virginia.”
Earlier this month, Kennedy instructed FDA officials to explore potential changes in “materials generally recognized as safe (GRA).” Kennedy has long been a food safety advocate and as HHS secretary, he said he wants to promote “radical transparency” on the issue.
RFK Junior and various fruits and vegetables (Getty/Istock)
“We want the dye to be removed from the food,” Kennedy told Fox News earlier this month.
This issue is not even entirely Republican either. In January, under former President Joe Biden, the Food and Drug Administration (FDA) revoked approval for Red Dye No. 3 following pressure from consumer advocates.
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But American Beverage, the country’s leading trade agency representing top US non-alcoholic beverage companies, said the new West Virginia bill would significantly limit consumer choices, raise grocery stores prices, impact jobs, and impose new costs on businesses.
American beverages said the new West Virginia bill would significantly limit consumer choices and raise grocery stores prices. (istock)
“We really want to be clear about the impact of this drastic ban, which has proven to be safe and harming West Virginians, both consumers, workers and the economy as a whole,” said Meridith Potter, senior vice president of American beverages.
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“West Virginians deserve choices, information, facts, not fear,” Potter added. “The fact is that this bill will take West Virginians out of choice by eliminating products in almost every aisle of grocery stores.”
Fox News Digital contacted the White House for comment but did not receive a response in time for publication.
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