CHARLESTON, W. VA. — Food and beverage companies have deadlines to meet if they want to keep offering items containing certain synthetic colors at public schools in Virginia and West Virginia. Governors of both states have signed laws that ban seven synthetic dyes: Red No. 3 or No. 40, Yellow No. 5 or No. 6, Blue No. 1 or No. 2, or Green No. 3.

The West Virginia law goes into effect Aug. 1. On Jan. 1, 2028, the law will extend to prohibit the sale of any product in the state that contains the seven dyes, as well as preservatives butylated hydroxyanisole and propylparaben.

The Virginia law, which only covers food sold at school, goes into effect July 1, 2027. Virginia Governor Glenn Youngkin signed House Bill No. 1910 and Senate Bill No. 1289 into law on March 21. It prohibits any public elementary or secondary school from offering or making available to any student any food served as part of a school meal or any competitive food that contains any of the seven food colors.

“I’m encouraged by this truly non-partisan effort that started with parents stepping forward and saying let’s work together to provide healthier food choices for our kids during the school day,” Youngkin said. “HB1910 and SB1289 are grassroots bills at their best and provide Virginia families with healthier options for school meals.”

West Virginia Governor Patrick Morrisey brought up the “make America healthy again” movement promoted by Robert F. Kennedy Jr., secretary for the US Department of Health and Human Services, when signing House Bill 2354 into law on March 24.

“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the make America healthy again mission,” he said. “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges. Thank you to the legislature, HHS Secretary Robert Kennedy and the entire Trump administration for helping us launch this movement right here in West Virginia.”

The Washington-based Americans for Food and Beverage Choice spoke against the West Virginia law.

“Every West Virginian should be deeply troubled that their elected representatives have enacted a sweeping food and beverage ban that effectively makes 60% of grocery store products illegal,” the group said. “This unprecedented prohibition on food and beverages will disrupt the lives of families and businesses across the state by driving up food prices, emptying grocery store shelves, and crippling the state’s food and beverage sector.

“As the full consequences of this law come into focus, West Virginians will be shocked to learn that lawmakers rushed this bill through the process — probably the most consequential vote many of them will ever take, as one state senator acknowledged — without conducting so much as a basic economic or scientific analysis. Not a single politician in Charleston has provided information around how this sweeping ban will be enforced, what resources will be required, and how much it will cost West Virginians in terms of higher prices, shuttered businesses and lost jobs.”

Partners of Americans for Food and Beverage Choice include the American Beverage Association, the American Bakers Association, the Corn Refiners Association, FMI – The Food Industry Association, the Consumer Brands Association, the National Confectioners Association, the National Grocers Association and The Sugar Association. Americans for Food and Beverage Choice seeks to protect the rights of Americans to choose healthy, sustainable and affordable grocery items.

A March 23 article in The Wall Street Journal analyzed a US Department of Agriculture database containing ingredient information for over 450,000 products, finding 13% of them contain at least one artificial dye. Confectionery items led the way with 50% containing artificial dyes. Red No. 40 was the most prominently used dye, as it was found in over 39,000 products across all categories.

Supporters of the West Virginia law cited potential health issues such as hyperactivity in children. One example was the Southampton University study in the United Kingdom. Published Sept. 6, 2007, in The Lancet, the study concluded artificial colors in the diet result in increased hyperactivity in 3-year-old and 8- and 9-year-old children.

The Americans for Food and Beverage Choice stood up for the safety of the dyes.

“Equally troubling, this hastily enacted law was predicated on half-truths, misrepresentations and wild assertions that collapse under scrutiny,” the group said. “Lawmakers recklessly claimed that the food dyes itemized in the legislation are ‘poisons’ banned in other countries.

“In fact, five of the seven food dyes have been rigorously evaluated and approved as safe for consumption by leading regulatory bodies worldwide, including in the US, Canada and the EU. A sixth dye included in the bill has been rigorously evaluated and approved for use in both the US and Canada, among many other countries, while the seventh dye isn’t even on the market in the US. This raises questions about whether West Virginia lawmakers conducted even the most elementary research on these common ingredients before outlawing them.”

A March 18 webinar covered the West Virginia legislation. Scott Faber, senior vice president for government affairs for the Environmental Working Group, moderated it. Evan Worrell, a state delegate, said his family stopped eating food and beverage products that contained synthetic dyes after watching a documentary called “To Dye For” that was produced by Brandon and Whitney Cawood. He also linked the West Virginia law to the “MAHA” campaign. Worrell said his wife was a “MAHA mom.”

Worrell said behavior issues are a problem in West Virginia schools, and he believes food dyes are a contributing factor.

Jason Barrett, a state senator in West Virginia, said he had talked to Michele L. Blatt, the superintendent of schools in West Virgina, who assured him banning food with the synthetic dyes would not add any costs to school meals.

“We don’t think we’re going to be the last,” Barrett said of states banning foods with synthetic dyes.

California already has acted on food colors. Legislation in 2023 banned the sale within the state of food products containing Red No. 3, brominated vegetable oil, potassium bromate and propylparaben, effective Jan. 1, 2027. The California Food Safety Act bans the inclusion of six synthetic dyes in food products served in public schools in the state beginning Dec. 31, 2027.