West Virginia Moves to Ban Artificial Food Dyes: What You Need to Know

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West Virginia lawmakers are pushing for a ban on foods sold in the state that contain the following seven artificial food dyes, due to growing concerns about their potential health risks:

  • 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

Should the bill be signed into law, foods in West Virginia will be deemed adulterated if they contain any of the above artificial food colors.

If enacted, this far-reaching legislation becomes effective at two separate times. First, the new law would ban the listed colors in school nutrition programs effective August 1, 2025, with some limited exemptions. Second, on January 1, 2028, the ban extends to all food sold statewide.

What's Next?

Other states have launched efforts to force food companies to eliminate synthetic dyes and other additives from their products, as we have previously reported

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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