On March 24, 2025, West Virginia Gov. Patrick Morrisey signed House Bill 2354 into law, prohibiting the sale and distribution of food products with certain artificial food dyes and chemicals. The signing of HB 2354 means West Virginia joins a growing number of states that are taking ingredient bans into their own hands.
Morrisey cited the need to protect public health and ensure access to healthier foods as reasons for signing HB 2354, which will prohibit the use of the following food dyes and preservatives in food products sold in the state:
- 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
- Butylated hydroxyanisole
- Propylparaben
The prohibition takes place in two phases. Phase one, effective Aug. 1, 2025, prohibits schools from distributing food products with banned food dyes. Phase two will apply to all food products sold within West Virginia and will take effect on Jan. 1, 2028.
As McGuireWoods discussed in a prior alert, there is a trend among states to propose similar legislation. West Virginia now joins California and other states in enacting legislation that prohibits certain food products with artificial food dyes from being distributed in their respective states, with California being the first to ban certain ingredients in schools. Following the signing of the California Food Safety Act into law, the FDA recently revoked its authorization for the use of Red Dye No. 3 in food and ingested medications. Food manufacturers have until Jan. 15, 2027, to reformulate their products, and drug manufacturers have until Jan. 18, 2028. The FDA also revoked its authorization for the use of brominated vegetable oil effective Aug. 2, 2024.
McGuireWoods will continue to monitor legislation banning certain food ingredients. Food and drug manufacturers, distributors and retailers should understand how these bans impact their operations going forward. For questions about FDA guidance, contact the authors of this alert.