The Brief

Certain food products could soon be banned in West Virginia.

The state is poised to become the first state to ban a range of food dyes, which could lead to a ban on the sale of countless food and beverage products in the state.

West Virginia House Bill 2354

HB 2354 was introduced on Feb. 13, 2025, and has made its way through the state senate and house and was sent to Gov. Patrick Morrisey last week. Local reports suggest he’s expected to sign the bill.

Passing the bill would ban dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 from foods sold in the state.

The ban would reportedly first affect foods and drinks used in school lunches, which would go into effect later this year on Aug. 1. The ban for items sold commercially statewide would go into effect Jan. 1, 2028.

It’s impossible to say yet just how many food and drink products would be affected, and which ones specifically. Additionally, the impact this would have on food and drink sales, jobs and the state’s economy isn’t clear.

Supporters of the bill and the lawmakers behind it say they’re going after the ingredients for health reasons.

Republican Delegate Adam Burkhammer said the legislation is in support of the "Make America Healthy Again" movement, which has grown under President Donald Trump ’s re-election and his appointment of Robert F. Kennedy Jr. as the Secretary of Health and Human Services.

"West Virginia is nearly last in all health related categories for both adults and children," Burkhammer wrote on social media . "First, we truly do want everyone to be healthy and have the ability to thrive in WV which ultimately supports the American dream of life, liberty, and the pursuit of happiness. Second, poor health is a major financial burden on our state that will continue to drain funds and resources if we don’t reverse the trends."

Artificial food dyes are widely found in common foods and other products. Some research has tied artificial coloring to behavioral problems in some children, and some consumers are concerned over other adverse - and perhaps unknown - health effects. For example, Red 3 has caused cancer in lab rats.

An ingredient ban can pose risks to food and drink industries, by way of supply chain disruptions, increased costs and job loss, according to the West Virginia Beverage Association.

The organization has been speaking out against the proposed ingredient ban on social media for the last few weeks, also arguing that it will impact lower-income consumers the most since regulated products are typically more expensive.

FDA bans Red No. 3

So far this year, more than 20 states have introduced legislations that take aim at food chemicals, synthetic dyes and heavy metals, according to Environmental Working Group .

Additionally, the FDA banned Red 3 from foods earlier this year, with the order set to go into force in January 2027.

What is Red No. 3?

Red No. 3, also known as Erythrosine, is a synthetic dye made from petroleum.

It’s used as a color additive in food and ingested drugs to give them a "bright cherry-red color," according to an online statement from the FDA.