Color Additives Bans: What West Virginia, Florida, and Virginia Are Doing to Protect Your Health

As we dive deeper into 2023, several states are taking significant steps to address synthetic food additives. This movement comes as new state lawmakers get settled in and amidst discussions about healthier food practices.

In West Virginia, a recent law, House Bill No. 2354, has gained momentum. On March 14, it easily passed through both chambers of the state legislature and is now awaiting the governor’s approval. If enacted, this law would ban various synthetic color additives, including Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green No. 3. Notably, it would also prohibit butylated hydroxyanisole (BHA) and propylparaben from food products sold in the state.

California is also pushing for similar reforms. Starting December 31, 2027, schools will no longer be allowed to serve foods containing those same synthetic colorants. Additionally, previous legislation has already banned ingredients like potassium bromate and brominated vegetable oil from all food products starting January 1, 2027.

The FDA has signaled its commitment to removing harmful additives on a national level. Red 3 is set for a nationwide ban effective January 15, 2027, and brominated vegetable oil was already banned as of August 2.

West Virginia’s new regulations will take effect in school nutrition programs beginning August 1, with the statewide ban on all the listed additives starting January 1, 2028.

Florida is now catching up, with a bill introduced that would target not only color additives but also other questionable ingredients, such as Red 3, Blue 1, and Yellow 5, along with BHA and propylparaben. If passed, this law would be in effect from January 1, 2028.

Virginia, too, has joined the movement. On March 7, both chambers passed a bill that will ban the same six color additives from schools starting July 1, 2027.

At the helm of these changes is Robert F. Kennedy Jr., the newly appointed Secretary of Health and Human Services. During a recent meeting with food industry leaders, he made it clear that he expects companies to phase out synthetic color additives by the end of his term. According to a memo from Melissa Hockstad, president of the Consumer Brands Association, Kennedy emphasized his intention to push for action, urging the industry to take proactive steps.

These legislative changes reflect a growing concern about food safety and consumer health. Recent surveys show that over 70% of consumers are wary of artificial ingredients in their foods. With more states embracing these bans, it seems there is a collective push toward cleaner, safer food options.

For further reading on food safety regulations and consumer health trends, you can check resources from the Food and Drug Administration and the Consumer Brands Association.

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