Governor Morrisey signs food dye bill into law

By Autumn Shelton, RealWV

CHARLESTON, W.Va. – Certain food dyes and additives will soon be banned in West Virginia now that Gov. Patrick Morrisey has signed House Bill 2354 into law. 

Beginning on Aug. 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, and Green Dye No. 3 will be “deemed unsafe and shall not be permitted as an ingredient in any meal served in a school nutrition program,” according to the new legislation. 

Additionally, beginning on Jan. 1, 2028, the same dyes as well as the preservatives butylated hydroxyanisole and propylparaben will be banned from food and drugs sold throughout West Virginia. 

“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission,” said Governor Morrisey in a statement provided following the signing. “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges. Thank you to the Legislature, HHS Secretary Robert F. Kennedy Jr., and the entire Trump Administration for helping us launch this movement right here in West Virginia.”

According to information provided by the Governor’s office, the extended timeline for banning these products in the state “allows companies ample time to adjust, protecting consumers from price increases.” 

One vocal opponent of the bill has been the West Virginia Beverage Association, who, in a March 13 social media post, wrote the following: 

“The ingredient ban poses significant risks to the beverage industry in several ways:

Supply Chain Disruptions – Reformulating products takes time and requires sourcing alternative ingredients that may be more expensive or less available.

Regulatory Delays – Any new formulations would require FDA approval, which can take years, delaying production and distribution.

Increased Costs – Reformulating, rebranding, and testing products will drive up costs for manufacturers and consumers.

Market Instability – Sudden bans could lead to product shortages, lost shelf space, and declining consumer confidence.

These are facts. There is no angle. We have every right to fight for our industry, and we intend to do so. It’s more than products and more than profits. We’re fighting for our people, too.”

The legislation, by Delegates Burkhammer, Masters, Pritt, Worrell, Hite, Mazzocchi, Brooks and Horst, marks the 12th bill signed into law by the Governor. Other bills have included Senate Bill 138, enhancing penalties for fleeing from an officer; Senate Bill 240, updating crime of sexual extortion; Senate Bill 456, defining the terms man and woman; and Senate Bill 490, prohibiting ranked-choice voting.