The US state of West Virginia has banned the use of seven synthetic dyes in school lunches and food items.

Earlier this week, West Virginia Governor Patrick Morrisey signed House Bill 2354 into law, prohibiting the use of seven food dyes in school lunches and “unhealthy” food products deeming them “unsafe”. 

The legislation prohibits the use 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 in food served through school nutrition programmes, starting 1 August.

The law states that from January 2028, these seven dyes – as well as two preservatives, butylated hydroxyanisole (BHA) and propylparaben – will be banned across all food products sold within the state.

According to a statement from the governor’s office, the phased implementation is designed to allow time for companies and prevent potential “price increases” for consumers.

Governor Morrisey said: “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.

“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.”

He called the latest development “a step toward a productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens”. 

The move follows similar actions in California in 2023, where the legislation banned four “substances” from food sold, manufactured or distributed in the state.

The ingredients were potassium bromate, propyl paraben, Red Dye No. 3 and brominated vegetable oil, or BVO.

The crack-down continued into 2024, with California passing the School Food Safety Act, outlawing several food additives – Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, Green Dye No. 3 – in public school meals.

In January, California Governor Gavin Newsom signed an executive order, instructing state agencies to propose measures aimed at curbing the consumption of ultra-processed foods (UPFs) in the state.  

The same month, the Federal Drug Administration (FDA) withdrew its approval of Red Dye No. 3 for use in food, supplements and ingestible drugs after studies linked it to cancer in laboratory animals.

In March, US Health Secretary Robert F. Kennedy Jr. reportedly met with ‘big food companies’ and told them to remove artificial dyes from their products.