West Virginia bans number of dyes and chemical preservatives in food

• West Virginia is eliminating the use of certain dyes and chemicals in foods. The legislation was signed into law this week by the governor.
• The new law impacts popular snack foods like M&M’s, Doritos and soft drinks like Mountain Dew.
• The governor said it’s part of his bid to “Make America Healthy Again.”

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West Virginia is banning certain food dyes and chemicals used to preserve a number of popular American snacks.

Gov. Patrick Morrisey, R-W.V., signed a bill into law on Monday, March 24, banning certain food preservatives and colorings.

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“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,” Morrisey said in a statement on Monday.

Which dyes and chemicals are banned?

The dyes outlawed under the legislation include blue no. 1, blue no. 2, green no. 3, red no. 3, red no. 40, yellow no. 5 and yellow no. 6.

The two chemicals prohibited are food preservatives, which include butylated hydroxyanisole and propylparaben.

When does the law go into effect?

The chemical ban does not go into effect until 2028 to give food companies time to make changes, while the dye ban for school lunch programs goes into effect on Aug. 1, 2025.

Some notable snacks affected by the change, are M&M’s, Doritos and soft drinks like Mountain Dew.

What is the bigger picture?

Morrisey said the law will help people “eat healthier and address some of the vexing healthcare problems facing our citizens.”

West Virginia’s action comes as the U.S. Food and Drug Administration in January announced it is moving to eliminate the use of red dye no. 3 in foods and ingested medicines.