West Virginia will ban thousands of products containing nine food additives that have been linked to cancer and hyperactivity in children.
Manufacturers have until January 2028 to remove the dyes and preservatives from their recipes or likely face fines.
Food and drinks that contain them will also be prohibited in schools beginning in August this year, just before the start of the new school term.
Republican Governor Patrick Morrisey signed House Bill 2354 on Monday when he thanked anti-fast food crusader Robert F Kennedy Jr and President Donald Trump.
‘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,’ the governor said after signing the bill.
The bill comes as West Virginia has some of the highest rates of obesity and diabetes in the country – conditions studies have tied to synthetic food ingredients.
The state has consistently ranked among the worst in the US when it comes to health metrics like obesity, life expectancy, chronic disease rates and smoking rates.
Governor Morrisey said: ‘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.’
West Virginia is preparing to sign into law a bill that would ban nine dyes and additives from foods like chips and candy (file photo)
He continued: ‘Thank you to the Legislature, HHS Secretary Robert Kennedy, and the entire Trump Administration for helping us launch this movement right here in West Virginia.’
The newly outlawed additives are: Red Dye No. 40; Yellow Dye No. 5; Yellow Dye No. 6; Blue Dye No. 1; Blue Dye No. 2; Green Dye No. 3; butylated hydroxyanisole (BHA); propylparaben; and Red 3, which was also recently banned nationwide by the FDA.
State Delegate Evan Worrell said he was inspired by RFK Jr’s MAHA movement and believes removing dyes may help address growing behavioral issues like ADHD.
He’s previously 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.’
The state has the third-highest percentage of ADHD diagnosed in children ages three to 17.
Between 12 and 15 percent of kids have been diagnosed, compared to the nationwide average of 10 percent.
According to a 2024 analysis by Forbes Adviser, West Virginia ranked highest for percentage of adults who smoke and are obese, as well as highest for diabetes mortality – about 42 deaths per 100,000 residents.
The national average, according to the CDC, is 30 deaths per 100,000 people.
It also has the second shortest life expectancy at 74 years – about 3.5 years shorter than the national average, according to the CDC.
West Virginia’s new ban is even wider reaching than similar legislation in California, which prohibits six dyes in foods served at schools.
The California School Food Safety Act, was signed into law In October by Gov Gavin Newson. It banned Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3 in meals, drinks, and snacks served in most K-12 school cafeterias across the state.
West Virginia Governor Patrick Morrisey (left) and Delegate Evan Worrell, both Republicans, said the state’s bill would be the strictest in the nation and called on more states to enact similar legislation
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.
Snacks such as Doritos, juices, cookies and pickles are known to have Yellow 5 in them, which has been linked to hyperactivity in kids and DNA damage in some animal studies.
Yellow 6 is in sugary cereals like Lucky Charms and Cap’N Crunch. Blue 1 is found in candies like gummy bears. Both of these ingredients have been associated with hyperactivity and inattention in children.
Blue 2 is common in sports drinks and Green 3 is often found in salad dressings. These additives have been linked to tumor growth in animals, especially 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.
Gov Morrisey said: ‘Today’s announcement represents 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.
‘Through the implementation process, I look forward to advancing policies which improve our health care outcomes, maintain our jobs, and respect the FDA’s and supply channel’s role in the process.’
