West Virginia becomes 1st state to ban range of food dyes
FDA bans red dye No. 3 from foods
U.S. regulators banned the dye called Red 3 from the nation’s food supply, nearly 35 years after it was barred from cosmetics because of potential cancer risk. Lisa Moskovitz, RD , joined LiveNOW from FOX to discuss.
Certain food products will soon be banned in West Virginia.
The state became the first state to ban a range of food dyes, which could lead to a ban on the sale of countless food and beverage products in the state.
West Virginia House Bill 2354
What we know:
HB 2354 was introduced on Feb. 13, 2025, and made its way through the state senate and house.
Gov. Patrick Morrisey signed the legislation into law on March 24, banning dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 from foods sold in the state.
FILE - Vibrant rainbow-colored cake. Getty Images
Dig deeper:
The ban would reportedly first affect foods and drinks used in school lunches, which would go into effect later this year on Aug. 1. The ban on items sold commercially statewide with the included dyes would go into effect Jan. 1, 2028.
What we don't know:
It’s impossible to say yet just how many food and drink products would be affected, and which ones specifically. Additionally, the impact this would have on food and drink sales, jobs and the state’s economy isn’t clear.
What they're saying:
Supporters of the bill and the lawmakers behind it say they’re going after the ingredients for health reasons.
Republican Delegate Adam Burkhammer said the legislation is in support of the "Make America Healthy Again" movement, which has grown under President Donald Trump’s re-election and his appointment of Robert F. Kennedy Jr. as the Secretary of Health and Human Services.
"West Virginia is nearly last in all health related categories for both adults and children," Burkhammer wrote on social media. "First, we truly do want everyone to be healthy and have the ability to thrive in WV which ultimately supports the American dream of life, liberty, and the pursuit of happiness. Second, poor health is a major financial burden on our state that will continue to drain funds and resources if we don’t reverse the trends."
Big picture view:
Artificial food dyes are widely found in common foods and other products. Some research has tied artificial coloring to behavioral problems in some children, and some consumers are concerned over other adverse - and perhaps unknown - health effects. For example, Red 3 has caused cancer in lab rats.
The other side:
An ingredient ban can pose risks to food and drink industries, by way of supply chain disruptions, increased costs and job loss, according to the West Virginia Beverage Association.
The organization has been speaking out against the proposed ingredient ban on social media for the last few weeks, also arguing that it will impact lower-income consumers the most since regulated products are typically more expensive.
The National Confectioners Association believes the legislation will make food more expensive and less accessible for people in West Virginia.
"There is a role for state legislators and public health officials to play in the ongoing conversation about food additives, but – as we have been saying for years – FDA is the rightful national regulatory decision maker and leader in food safety," an NCA statement sent to FOX Television Stations says.
"Food safety is the number one priority for U.S. confectionery companies, and we will continue to follow and comply with FDA’s guidance and safety standards. Our consumers and everyone in the food industry want and expect a strong FDA, and a consistent, science-based national regulatory framework – and this patchwork approach will only lead to consumer confusion as food costs rise and products become less accessible to West Virginians," the statement continued.
FDA bans Red No. 3
Meanwhile:
So far this year, more than 20 states have introduced legislations that take aim at food chemicals, synthetic dyes and heavy metals, according to Environmental Working Group.
Additionally, the FDA banned Red 3 from foods earlier this year, with the order set to go into force in January 2027.
RELATED: FDA bans Red 3 food dye, citing cancer risk
What is Red No. 3?
Red No. 3, also known as Erythrosine, is a synthetic dye made from petroleum.
It’s used as a color additive in food and ingested drugs to give them a "bright cherry-red color," according to an online statement from the FDA.
The Source: Information in this article was taken from House Bill 2354, as posted on the West Virginia legislature’s official government website. Further information breaking down the bill was taken from local The State Journal reportings, and from public statements made on social media by Delegate Adam Burkhammer and the West Virginia Beverage Association. Background information about food dye was taken from previous FOX Television Station reportings and The Associated Press, and from Environmental Working Group, an American nonprofit and environmental activist group.