As we previewed, West Virginia is the latest state to regulate food dyes. On Monday, Governor Patrick Morrisey signed HB2354, deeming the following food additives unsafe and prohibiting their use, with some limited exceptions, as an ingredient in any meal served in a school nutrition program, beginning 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
Starting January 1, 2028, the same dyes, along with preservatives butylated hydroxyanisole and propylparaben, must not be contained in food items for sale in the state. In a press release, the governor's office explained that the extended deadline will allow companies "ample time to adjust, protecting consumers from price increases."
Companies with food products marketed to schools should of course begin assessing their formulations now.
