West Virginia bans seven artificial food dyes as industry predicts product scarcity and price hikes

The US state of West Virginia has passed a sweeping ban on seven artificial food colors and additives, citing potential health risks, amid sharp criticism from industry associations. The move comes amid a national crackdown on synthetic food dye that gathered steam with the FDA outlawing red dye No. 3 earlier this year. 

Governor Patrick Morrisey signed a bill into law that prohibits the usage of 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 as an ingredient in food products and school lunches from August 1.

From January 1, 2028, the dyes, along with the preservatives butylated hydroxyanisole and propylparaben, will be banned from being used in commercial food items.

“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,” says the Governor.

“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.”

Advocacy groups and scientists have increasingly drawn attention to potential health risks from artificial food components. The FDA banned red dye No. 3 — used to give food and beverages a bright cherry red hue — after studies showed a link between the dye and cancer in laboratory rats.

Industry predicts availability and price impact

Despite Morrisey’s claim, industry bodies say the law will “do little” to improve public health outcomes and will, instead, burden consumers and businesses by impacting food availability.

“West Virginia families will face higher food prices and a scarcity of available products in stores because this law effectively outlaws 60% of grocery store food items. West Virginians will be left with fewer choices because of what politicians in Charleston decided without any sound science behind them. Many good jobs will be lost. Businesses will close,” says Kevin Keane, president and CEO of the American Beverage Association (ABA).

The ABA believes the decision was rushed and did not consider adequate analysis or stakeholder input.

“The result is predictable: a simplistic measure that fails to address the roots of complex public health issues,” Keane adds.

“This is a disappointing law that will have profound economic impacts on the non-alcoholic beverage industry — an economic sector that sustains 1,800 jobs and contributes US$1.7 billion annually to the state’s economy.”

He says American brands have produced beverages consumers trust for over 100 years.

“Every ingredient on our product labels has been reviewed and approved by leading regulatory agencies worldwide, including in the US, Canada, and the EU, and all our ingredients have consistently been proven safe.”

Meanwhile, the International Association of Color Manufacturers (IACM), which represents both natural and artificial color players, says the law will place “severe” strain on West Virginia’s F&B industry.

The association says that synthetic FD&C dyes, which are colors approved for use in food, drugs, and cosmetics by the FDA, are among the most thoroughly studied and strictly regulated ingredients in the food supply and play a crucial role in ensuring product consistency.

“American consumers deserve the choice to enjoy food and beverage products at various price points. Compliance will be costly and complex for producers, retailers, and distributors alike — some of whom will be forced to discontinue operations in the state,” the organization notes.

“Restricting color additives ignores scientific evidence and fails to consider the complex challenges of reformulation. Reformulating products is neither simple nor immediate, and the resulting supply disruptions will limit the availability of familiar grocery items, exacerbating food accessibility challenges, especially in rural areas.”

According to the IACM, leading global authorities have not found causal links between FD&C color additives and severe health effects, including hyperactivity and other neurobehavioral issues in children.

“Removing FD&C colors from school meals will not improve their nutritional profile or limit the number of processed foods offered. However, this law may make healthy options less appealing and will place additional burdens on schools already struggling to provide nutritious meals, complicating efforts to meet federal nutrition standards,” the organization concludes.