West Virginia has enacted a comprehensive ban on several synthetic food dyes and preservatives, positioning itself at the forefront of the “Make America Healthy Again” initiative championed by President Trump’s Health and Human Services Secretary Robert F. Kennedy Jr.
West Virginia Governor Patrick Morrisey signed House Bill 2354 into law on March 24, 2025, targeting additives linked to potential health risks like obesity, tumors, and a variety of other ailments, particularly in children.
In a statement, Governor Morrisey thanked President Trump and Secretary Kennedy for their leadership on this issue.
“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,” said Governor Morrisey. “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 legislation prohibits the use of the following artificial food dyes in school nutrition programs starting August 1, 2025:
-
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
Additionally, the preservatives butylated hydroxyanisole (BHA) and propylparaben will be banned from all food items sold in the state beginning January 1, 2028. This phased approach allows companies time to reformulate products and mitigate potential price increases.
This action reflects growing concern over the health impacts of synthetic food additives. Studies have linked certain artificial dyes to neurobehavioral issues in children, such as ADD/AD-HD, prompting public health advocates to call for stricter regulations. While the Food and Drug Administration (FDA) has previously approved numerous color additives, recent efforts aim to reassess their safety. For instance, the FDA plans to phase out Red Dye No. 3 by 2027 due to its association with cancer in animal studies.
West Virginia’s legislation aligns with actions taken by other states. In 2023, California banned Red Dye No. 3 along with other additives, and several states are considering similar measures. This trend underscores a nationwide push towards eliminating potentially harmful chemicals from the food supply to safeguard public health.
While some industry representatives express concerns about potential impacts on product availability and costs, the overarching goal remains clear: prioritizing the health and well-being of citizens, especially children, by reducing exposure to questionable food additives.
In his 2006 book Crunchy Cons, author Rod Dreher explored the rise of a countercultural strain within American conservatism—one that valued organic food, environmental stewardship, and traditional living alongside religious faith and family values. These “crunchy conservatives” challenged the mainstream right’s embrace of industrial consumerism, instead aligning with agrarian and naturalist ideals often associated with the left. Their influence can still be felt in debates over food safety and chemical additives, where right-leaning naturalists have increasingly partnered with libertarians and health-conscious parents to push back against Big Food and FDA complacency—reshaping parts of the conservative movement around principles of bodily integrity, clean living, and skepticism of corporate and governmental assurances.
European regulators take a far more cautious approach to synthetic food dyes and preservatives than the United States. Under EU law, only authorized additives may be used, and many are either heavily restricted or banned outright. Following a 2007 study linking several dyes to hyperactivity in children, the European Union began requiring warning labels on foods containing certain synthetic dyes—such as Red 40, Yellow 5, and Yellow 6—stating they “may have an adverse effect on activity and attention in children.” Rather than carry the label, many manufacturers reformulated their products with natural alternatives like beet juice or turmeric. Some dyes commonly used in the U.S., like Red Dye No. 3 and Green Dye No. 3, are banned in the EU entirely.
European food policy is guided by the “precautionary principle,” which prioritizes consumer safety in the face of scientific uncertainty. Unlike the U.S., which often allows additives unless conclusively proven dangerous, the EU removes or restricts ingredients when health concerns arise. This means the same products sold by multinational brands often contain artificial dyes in the U.S., while their European counterparts rely on safer, natural coloring. The shift reflects not just regulatory differences but consumer expectations across the Atlantic—where European shoppers are more wary of synthetic additives in their food.
The affected foods and common items that this legislation affects includes:
Red Dye No. 3 (Erythrosine)
- Candies: Peeps (pink), some gumballs, some red or pink candy canes
- Baked Goods: Cake decorating gels, some maraschino cherries
- Snacks: Certain store-brand fruit snacks
- Others: Medications and cough syrups (as a coloring agent)
Red Dye No. 40 (Allura Red)
- Candies: Skittles, M&Ms (red), Starburst, Swedish Fish, Sour Patch Kids
- Beverages: Gatorade Fruit Punch, Mountain Dew Code Red, Hawaiian Punch
- Snacks: Doritos (especially Spicy Nacho, Flamin’ Hot), Cheetos
- Desserts: Strawberry or cherry-flavored Jell-O, flavored yogurts
- Cereals: Froot Loops, Cap’n Crunch Berries, Trix
Yellow Dye No. 5 (Tartrazine)
- Candies: Lemonheads, Sour Patch Kids, Laffy Taffy, jelly beans
- Beverages: Mountain Dew, many lemon-lime sodas
- Snacks: Doritos, flavored popcorn, instant macaroni and cheese
- Desserts: Pudding mixes, some boxed cake mixes, Jell-O Lemon
Yellow Dye No. 6 (Sunset Yellow)
- Candies: Reese’s Pieces, some orange jelly beans, orange Skittles
- Beverages: Orange Gatorade, Sunkist, orange Kool-Aid
- Snacks: Nacho cheese chips (e.g., Doritos), Cheetos
- Desserts: Orange Jell-O, boxed cake or muffin mixes
Blue Dye No. 1 (Brilliant Blue)
- Candies: Blue raspberry Jolly Ranchers, M&Ms (blue), Nerds
- Beverages: Blue Gatorade, Blue Powerade, Slushies
- Desserts: Blue Jell-O, frosting, cake decorations
Blue Dye No. 2 (Indigo Carmine)
- Candies: Grape-flavored candies, dark blue jelly beans
- Beverages: Some blue or purple sports drinks and sodas
- Snacks: Some cereals, like Trix and Fruity Pebbles
Green Dye No. 3 (Fast Green)
- Candies: Some green jelly beans, mints, candy canes, icing
- Desserts: Mint chocolate chip ice cream, green cakes and frostings
- Other: Used occasionally in some canned vegetables to enhance color
The post West Virginia Bans Artificial Food Dyes that Target Children, implementing Make America Healthy Again Agenda appeared first on The Gateway Pundit.