Disappearance of Favorite Food Dyes in West Virginia

On March 24, 2025, Governor of West Virginia, Patrick Morrisey signed a bill that officially banned seven artificial food dyes and two preservatives, making West Virginia the first state to do so. These dyes include Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3, and the preservatives include butylated hydroxyanisole and propylparaben. Starting on August 1, 2025, these dyes and preservatives will no longer be served in school nutrition programs, and starting on January 1, 2028, they will no longer be allowed to be sold in the state of West Virginia. Red No. 3 has already been banned by the FDA,  having taken effect on January 16, 2025. The supporters of this ban argue that it will protect the children from the harmful effects of these substances.

These dyes have been used to add color and are included in a variety of foods. In a study by the State of California, scientists found that consuming these dyes may cause an increase in hyperactivity and other behavioral problems in children. This research case could have been a factor that caused the governor of West Virginia to ban certain dyes. Additionally, West Virginia was the second worst state in the disease risk and prevalence category on January 8, 2024. These low rankings make it the perfect starting place for the new “Make America Healthy Again” initiative. This bill will help West Virginia climb out from the bottom and become a healthier state.

The preservatives, butyrate’s hydroxyanisole and propylparaben, were determined to be safe when used in small amounts. However, this must not have been safe enough because West Virginia decided to ban these preservatives. In a research study, it has been found that propylparaben disrupts the function of hormones in the body. These experiments were mostly conducted on animals. Of concentrations more than 0.75%, butyrate hydroxyanisole has been proven to be harmful to blood. These statistics may have played a part in Morrisey’s decision to sign the food dye ban bill.

This bill causes problems for manufacturers and others in the food industry. Banning these dyes and preservatives would require a substitution to natural alternatives, which are more expensive. The price increase would not just affect manufacturing; those who buy the products, which make up around 60% of food items, will also have to pay a higher price. Additionally, finding these alternatives can also be problematic. All the banned substances have been FDA approved and used in food items for a long time, but are just now being prohibited, and finding alternatives takes a long time, which might not last. For buyers and sellers alike, this ban will cause issues and irritating price inflations.

As West Virginia moves improve their health system, food manufacturers are scrambling to find alternatives. This marks a milestone for public health policies, and other states are looking to follow West Virginia’s example.