West Virginia got in early on passing a law to ban some artificial dyes in food products and then got credit as a national influencer as the federal government also pushes to keep the dyes out of food.
Earlier this spring, Gov. Patrick Morrisey signed into law a prohibition of certain food dyes being used in school lunches and then a later ban on those dyes in food items for sale in West Virginia.
This week, Morrisey made remarks in Washington, D.C., just before U.S. Health and Human Services Secretary Robert F. Kennedy Jr. described urging the makers of foods and beverages to phase out petroleum-based artificial colors in the nation’s food supply.
Kennedy said the federal effort is building on the momentum of states like West Virginia.
“I want to thank Governor Morrisey,” Kennedy said, describing conversations with governors in other states like Arizona and Utah. “Those bans have give us leverage to make demands of the food companies.”
At that Tuesday news conference, Food and Drug Administration Commissioner Marty Makary said the agency would take steps to eliminate synthetic dyes in the American food supply by the end of 2026 — not enacting a ban, but instead relying on voluntary efforts from the food industry.
The new West Virginia law would ban certain food additives in school nutrition programs including butylated hydroxyanisole, propylparaben and seven color additives. Exemptions allow for school fundraisers off site or after the school day.
The ban on certain food additives in school nutrition programs would take effect by this coming August 1.
A broader statewide ban on the artificial dyes in West Virginia food products is effective in 2028.
“West Virginia is proud to be leading the nation in the effort to get the crap out of our food,” Morrisey said during public remarks at the national event on Tuesday.
“Harmful food dyes have been proven to be connected to a host of serious health issues, including cancer. Thank you to Secretary Kennedy and Commissioner Makary for tackling this issue on a federal level, which will help protect consumers and allow companies to adjust to new rules and regulations.”
West Virginia Senator Jason Barrett, R-Berkeley, was among the West Virginians who attended the national announcement, along with others like state Senate Health Chairwoman Laura Wakim Chapman, R-Ohio.
“There is an understanding that some of these harmful food dyes are going to be removed from products across the country,” Barrett said on MetroNews’ Talkline. “It’s an understanding; it’s not a complete ban.”
Barrett took note of the federal officials’ praise of the food and beverage industries’ potential willingness to participate.
“So, you know, I’m optimistic that they’re going to step up. The food industry is going to step up and do the right thing, and if they don’t, I think that you will start to see at that point, you know, move towards some bans.”
Happening Now: HHS/FDA Hold Press Event on Intent to Remove Food Dyes https://t.co/tFfL4n0sYB
— HHS.gov (@HHSGov) April 22, 2025