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West Virginia to ban food dyes in school meals this year

The law will expand in 2028 to include bans on dyes in all food sold in the state.
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West Virginia is banning artificial food dyes in the state, citing health concerns.

Governor Patrick Morris signed the legislation on Monday, banning the following dyes.

  • Red Dye No. 3
  • Red Dye No. 40
  • Yellow Dye No. 5
  • Yellow Dye No. 6
  • Blue Dye No. 1
  • Blue Dye No. 2
  • Green Dye No. 3

Beginning in August, the additives cannot be used in school meals. The law will expand in 2028 to include preservatives butylated hydroxyanisole and Propylparaben, which cannot be in any foods sold in the state.
Morris said the grace period will allow companies to adjust to the law.

The law in West Virginia follows a January order from the Food and Drug Administration, which bans Red No. 3 from food and drugs sold in the U.S.

RELATED STORY | FDA bans food additive Red No. 3 due to cancer risks

The dye is used to give foods and drinks a bright cherry-red color. It is commonly used in candy, cakes and cupcakes, cookies, frozen desserts, and frostings and icings. The World Health Organization analyzed a number of studies on erythrosine, which is Red Dye No. 3, and concluded that “dietary exposures to erythrosine for all age groups do not present a health concern.”

It noted that high doses and not normal consumption pose a risk.

Food producers will have two years to reformulate their products, while drugmakers will have until 2028.