West Virginia Just Passed A Monumental Ban On These Food Additives

The West Virginia legislature recently passed a landmark bill that, if signed into law by the governor, could lead to drastic changes at the grocery store. House Bill 2354 aims to ban seven major commercial food dyes and two preservatives over concerns surrounding unhealthy side effects: 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, propylparaben, and butylated hydroxyanisole, also known as BHA,

If it becomes law, HB 2354 would take effect in two ways: First, it would ban the use of the additives from statewide school nutrition programs effective Aug. 1, 2025. Second, it would ban the sale of products containing the additives effective January 1, 2028. 

The proposed ban on these food additives, many of which are synthesized from petroleum, seeks to improve public health. Studies have drawn potential links between certain food dyes and behavioral problems in children, such as hyperactivity. The preservative BHA is a potential carcinogen in humans, and propylparaben has drawn suspicion about disrupting the endocrine system. The FDA maintains that all of these additives are generally safe for humans at moderate levels.

There is a long history of artificial food additives drawing skepticism from health-focused consumers. Red Dye No. 3 is a popular artificial dye targeted by HB 2354 despite a recent ban from the Food and Drug Administration after decades of consumer concern about potential cancer links. (The FDA maintains that there is no known cancer risk to humans.) Unfortunately for lovers of bright red foods, Red Dye No. 40, a popular replacement, is also targeted by the West Virginia bill.

West Virginia is far from the first jurisdiction to take action against food additives. California has already banned many food additives for many of the same public health reasons that West Virginia legislators considered. Several countries have also tightly regulated or banned food additives that remain legal in the U.S., including synthetic dyes, propylparaben, and BHT.

A ban on this many food additives might raise concerns about drastically reducing shoppers' options, but one major grocery chain has already removed many from its products. Aldi-branded products contain zero artificial food dyes, showing Americans that it is possible to stock your kitchen free from controversial food dyes.