West Virginia House Approves Groundbreaking Ban on Harmful Food Dyes and Preservatives: What It Means for Your Family’s Health

An assortment of Kellogg’s cereals on display.

MORGANTOWN — A new bill in West Virginia aims to ban certain harmful food additives and colorings. The House of Delegates passed the bill with a vote of 93-5, sending it off to the state Senate.

This legislation, known as HB 2354, was adjusted on the floor to align with the Senate’s version, SB 245. This plan, which came out of Senate Health, will be reviewed by the Senate on Monday.

The proposed law targets specific food dyes. These include red dye 3, red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3. Studies suggest they may have negative effects on children’s health, especially concerning their behavior and brain health.

Additionally, the bill aims to ban two synthetic preservatives: butylated hydroxyanisole (BHA) and propylparaben.

Pez candy on display in California.

The process to get this bill passed took some time, with discussions between the House and Senate. On Friday, House Health chair Evan Worrell put forth an amendment aligning the House and Senate versions. The regulations will take effect on January 1, 2027, giving food manufacturers time to adapt. This aligns with similar laws in California and federal regulations.

Moreover, the legislation restricts these dyes in school nutrition programs starting August 1 of this year but allows exceptions for school fundraisers.

Delegate Brandon Steele expressed support for the bill, emphasizing the importance of food safety by comparing concerns about fast food to those associated with tobacco marketing. He noted that countries like Japan are more cautious about food additives, leading to healthier children.

The FDA has mandated the removal of red dye 3 from food by 2027 due to cancer links, and it’s already banned in several countries, including those in Europe and Australia.

Alternatives using safer dyes are available for many American foods, even at local grocery stores like Aldi. Some states, including California, Illinois, New York, and Pennsylvania, are also looking into similar bans.

Delegate Larry Kump pointed out that West Virginia has significant health issues linked to diet. He criticized food producers for not facing accountability over the ingredients they use.

Despite the overwhelming support for the bill, five Republicans voted against it. The National Confectioners Association issued a statement opposing the bill, claiming it could raise food prices in West Virginia. They argued that the FDA should lead the discussion on food additives.

Yet, opinions on FDA reliability remain mixed. Environmental health consultant Lisa Lefferts, who previously advised the FDA on synthetic dyes, claimed that the organization hasn’t made substantial progress on phasing them out, relying instead on outdated studies.

While many support this movement towards safer food, the debate over food safety and health continues, with growing awareness about the impact of what we eat.