West Virginia has made history with the passage of House Bill 2354, a landmark piece of legislation that bans several artificial food dyes and preservatives. The bill, which cleared the state Senate on March 5, 2025, in a 31-2 vote after passing the House of Delegates 93-5 on February 28, positions West Virginia as the first state in the nation to take such a sweeping measure against synthetic food additives.
Once final adjustments on its implementation date are made, the bill will move to Governor Patrick Morrisey for approval. Supporters of the legislation argue that it is a critical step toward improving public health, particularly for children, amid concerns over the impact of artificial dyes on behavior and well-being.
Addressing Health Concerns Through Policy
The newly passed bill targets seven synthetic food dyes—Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3—along with preservatives butylated hydroxyanisole (BHA) and propylparaben. These additives have been linked to potential health risks, including hyperactivity in children, leading lawmakers to push for their removal from food products sold in the state.
“This is one of the most significant pieces of legislation we will vote on in our time here,” said Sen. Laura Wakim Chapman, R-Ohio, chair of the Senate Health and Human Resources Committee. “It’s about protecting the health of our children and ensuring a better future.”
West Virginia’s decision comes as part of a growing movement nationwide to reevaluate the safety of food additives. The state, which has high obesity and diabetes rates, hopes the ban will contribute to a healthier population, particularly for children who rely on school meals.
Implementation and Industry Pushback
Under HB 2354, the ban on these additives in school meals will take effect on August 1, 2025, while a broader statewide prohibition will begin on January 1, 2028. This extended timeline is intended to allow food manufacturers and retailers time to adjust, with some lawmakers noting that it aligns with the federal government’s planned removal of Red No. 3 from the market in 2027.
Despite strong legislative support, the bill has faced opposition from some industry representatives and lawmakers. Sen. Eric Tarr, R-Putnam, one of the two senators to vote against the measure, argued that the evidence against these dyes is not conclusive enough to warrant a state-level ban. Others raised concerns about the economic impact on food manufacturers and retailers who may have to reformulate products specifically for West Virginia.
The National Confectioners Association (NCA) voiced its opposition, stating that the ban could lead to higher food prices and reduced availability of certain products. “This measure places an unnecessary burden on food manufacturers and retailers in West Virginia, making it harder to provide affordable and accessible food options,” the organization said in a statement.
However, proponents counter that alternatives to these additives are already available. “The idea that food will disappear from our shelves is simply fear-mongering,” said Sen. Jason Barrett, R-Berkeley, highlighting that major retailers like Aldi already offer products free from synthetic dyes.
A Broader Movement for Safer Food
West Virginia’s decision adds momentum to a growing movement across the country. California previously enacted a ban on synthetic dyes in school meals, and other states, including Texas and Oklahoma, are considering similar legislation.
Public health advocates, including the Environmental Working Group (EWG), have praised West Virginia’s bold move. “This is a crucial step toward ensuring that children are not exposed to unnecessary and potentially harmful chemicals in their food,” said Scott Faber, EWG’s senior vice president for government affairs.
Scientific research has fueled these concerns. A 2021 study from California’s Office of Environmental Health Hazard Assessment suggested that dyes such as Red No. 40, Yellow No. 5, and Yellow No. 6 may contribute to hyperactivity in children. Additionally, BHA has been classified as a possible carcinogen, while propylparaben has raised concerns over potential endocrine-disrupting effects.
Looking Ahead
With the House and Senate still working out final details, the fate of HB 2354 now rests with Governor Morrisey. His stance remains unclear, as he must balance public health concerns with potential economic implications. If signed into law, the bill could set a precedent that influences other states and possibly even the federal government.
Regardless of the final outcome, the bill’s passage through both chambers of the Legislature has thrust West Virginia into the national spotlight on food safety. For lawmakers and advocates, it represents a major step toward healthier food options and a safer future for children across the state .
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