West Virginia Gov. Patrick Morrisey signed House Bill 2354 by law on 24 March, making the state the first to make an extensive ban on the entire state of certain dyes and preservatives for artificial food.
The legislation, inspired by the “Make America Healthy Again” (Maha) movement that was later defended by the American Minister of Health and Human Services Robert F. Kennedy Jr., focuses on seven synthetic dyes in school meals from 1 August 2028888.
The prohibited additives include Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3, followed by Babarated Hydroxyanole (BHA) and Propylparaben in 2028. Wetmakers quoting evidence of health risks, including hyperactivity in children and potential in a potential in a potential. With an obesity rate of 41 percent adult and the highest diabetes prevalence in the country, according to the Centers for Disease Control and Prevention.
Main provisions of the ban on food paint from West Virginia
“West Virginia is on the bottom of many public health statistics, so there is no better place to lead the Make America Healthy Again Mission,” Morrisey said at the signing.
“By eliminating harmful chemicals from our food, we protect our children against considerable health and learning challenges in the long term.”
The bill, led by Senator Jason Barrett, R-Berkeley and Del. Evan Worrell, R-Cabell, applied the legislative power earlier this month with overwhelming support-31-2 in the Senate and 93-5 in the house. It was a precursor of the American Minister of Health and Human Services Robert F. Kennedy Jr.’s Maha Agenda. The American Food and Drug Administration has approved most of these dyes and additives, although the Red No. 3 in January 2025 forbade.
Pushback of the industry and the state of the entire state of the new law
Industrial groups, including the West Virginia Beverage Association, have expressed opposition against legislation and call it unnecessary.
“We are opposed to this unnecessary legislation. This issue must be decided separately, by product transparency and consumer choice,” the association posted on X on March 18.
The National Confectioners Association repeated the worries and pointed out that popular snacks such as Flamin ‘Hot Cheetos, which contain red no. 40 and Yellow No. 6, could disappear from the shopping shelves.
However, proponents claim that alternatives are available.
“Retailers such as Aldi already use natural ingredients,” said Senator Jason Barrett, “reject scare tactics”.
A study from 2021 California that linked food paint to behavioral problems strengthens the position of West Virginia, although the FDA claims that the additives at the current level are safe.
The phased approach to the law – school meals in August and the sale of the entire state in 2028 – is intended to facilitate compliance. At least 25 other states are now looking at similar prohibitions.
“This is a step in the direction of a productive dialogue about how we can eat healthier,” said Morrisey, promising to balance health gains with economic stability during implementation.
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