West Virginia — which leads the nation in chronic diseases — is preparing to sign America’s ‘strongest’ ban on cancer-linked toxic food ingredients.
Lawmakers in the Mountain State said in a press conference today they are ‘extremely confident’ the governor will sign HB2354, which will ban nine dyes and additives from schools and, later, across the state.
If signed into law, 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.
The additives, which have been linked to behavioral issues and reproductive damage, would be prohibited 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 starting in January 2028, one year after the FDA‘s nationwide ban on the dye Red 3.
Governor Patrick Morrisey, a Republican, has not yet signed HB2354 into law, though lawmakers said they ‘have all indications’ he will do so this week.
Senator Jason Barrett and Delegate Evan Worrell, both Republicans, said they were inspired by newly elected health chief Robert F Kennedy Jr’s ‘Make America Healthy Again’ (MAHA) movement, which has sought to crack down on ultra-processed foods and synthetic chemicals.
They said if the bill is signed, it will be the ‘strongest food dye ban in the country.’
West Virginia is preparing to sign into law a bill that would ban nine dyes and additives from foods like chips and candy (stock image)
State Senator Jason Barrett (left) and Delegate Evan Worrell, both Republicans, said West Virginia’s proposed bill would be the strictest in the nation and called on more states to call for similar legislation
It follows similar legislation from states like California, which prohibits six dyes in foods served in schools.
Scott Faber, Senior Vice President of Government Affairs at Environmental Working Group, a nonprofit working on the 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.
‘West Virginia will have the safest food in the nation.’
The legislation also comes as West Virginia has some of the highest rates of obesity and mental health conditions like ADHD in the country, which have been tied to synthetic food ingredients.
Red 40 and Red 3 are in several popular candies, sodas and chips – including 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 force in January 2027.
Yellow 5, also known as tartrazine, has been linked to potential triggers for hyperactivity in children and potential DNA damage based on some studies.
Snacks such as Doritos, juices, cookies and pickles are known to have Yellow 5 in them.
Similarly, Yellow 6 – found in sugary breakfast cereals such as Lucky Charms and Cap’N Crunch – and Blue 1 – commonly found in gummy bears – can cause hyperactivity and inattention in children.
Blue 2 – common in sports drinks – and Green 3 – found in canned vegetables and salad dressings – are found to cause increased tumor growth in animals, particularly in the bladder and testes.
Butylated hydroxyanisole (BHA) and propylparaben are found in many foods including butter, beer, vegetable oils, potato chips and cured meats like ham.
BHA is considered a carcinogen and has been shown to promote tumor growth and impair blood clotting. It also acts as an endocrine disruptor and is associated with the underdevelopment of the reproductive system.
Propylparaben has also been shown to act as an endocrine disruptor.
The West Virginia lawmakers said they were inspired by the Make America Healthy Again movement coined by Robert F Kennedy Jr (pictured here)
Worrell believes removing dyes may help address growing behavioral issues like ADHD.
He said: ‘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 has the third-highest rate of mental health conditions like ADHD diagnosed in children. These conditions affect 26 percent of children ages three to 17 in the state.
Worrell also noted he was inspired to help introduce the bill after watching the documentary To Dye For, which looks at the health impacts of food dyes.
He said he and his wife, who considers herself a ‘MAHA mom,’ have since removed all dyes from their home with their seven children.
‘My wife is a MAHA mom, [Senator Barrett’s] wife is a MAHA mom,’ Worrell said.
The lawmakers said they have also recently met with RFK Jr, who has led the charge into banning ultra-processed foods and synethetic dyes.
Worrell said: ‘These synthetic dyes do not do anything to the taste or nutritional content. They’re just for color.’
Several states like California and New York have proposed food dye bans, though West Virginia lawmakers said their bill will be the strictest in the nation if passed.
Barrett called on other states to introduce similar bills banning dyes and additives, as he believes it could inspire a nationwide ban like those in countries like Canada and the UK.
He said: ‘If we’re going to protect food, we’re going to have to do it ourselves.
‘West Virginia is happy to lead on this front. We don’t think we’ll be the last.’
