The Republican-backed bill aims to change: West Virginia Prohibition Order Certain colorful artificial dyes didn’t make it to the governor’s desk this year. For now, the nation’s first-of-its-kind ban on food coloring remains temporarily blocked by a federal judge.
A bill aimed at adjusting the ban on artificial colors passed the House but faced greater scrutiny in the Senate, where lawmakers had sought exemptions from the ban. Popsicles made in West Virginiapepperoniroll, etc. are excluded from synthetic food color regulations.
Ultimately, the Senate held up the bill, which introduced seven amendments aimed at exempting West Virginia food manufacturers and food products, on the last day of the session.
Sen. Eric Tarr (R-Putnam) didn’t think it was right for lawmakers to overstep federal food regulations. And he felt it could harm the West Virginia-based food manufacturer.
“It’s a terrible outlook in terms of attracting industry to West Virginia, especially when we already have so much industry here in West Virginia,” said Tarr, the bill’s sponsor. “This sends a terrible message to the entire country and the world about coming to West Virginia.”
Passed by members of parliament in 2025 invoice prohibit Starting January 1, 2028, seven types of synthetic dyes – red, blue, green and yellow – will be used in food and medicine sold in West Virginia. Lawmakers also banned the use of these dyes. In public school lunches This school year begins.
Republicans supporting the bills argue they are unnecessary and harmful. linked them to problem behavior Among the children. The law also prohibits the use of butylated hydroxyanisole and propylparaben in food and medicine.
Opponents of the measure warned that a complete ban on food dyes would be unprecedented in the country. drive up food prices.
Governor Patrick Morrissey signed With the measure becoming law, U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. praised state leaders for changing food policy. What Kennedy wants phased out As part of the Trump administration’s broader “Make America Healthy Again” initiative, all petroleum-based synthetic dyes will be removed from the nation’s food supply.
House Bill 2354The law will become law in 2025, banning the use of Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3 in food and drugs sold in West Virginia starting in 2028.
However, the development of a pending statewide ban on food dyes was temporarily blocked by the United States. Eileen Berger, District Judge for the Southern District of West Virginia. International Color Manufacturers Association Sues West Virginia health and school leadersthe state Legislature acted illegally by asserting authority over the U.S. Food and Drug Administration, which has the authority to make food safety decisions.
burger He said the law is likely unconstitutionally vague because it does not provide adequate notice or standards to prevent arbitrary enforcement by the West Virginia Department of Health. The judge’s order did not apply to the part of the law that bans the use of certain artificial colors in school meals.
Changes to ban on food coloring not voted in Senate
During recent parliamentary deliberations, House Health Committee Chairman Evan Worrell (R-Cabell) proposed a bill that would make some adjustments to the food coloring ban following the judge’s order.
“I think our law is strong, but let me be clear: this law does not or was not scheduled to take effect until January 1, 2028, which is still two years away,” Worrell said. told MetroNews Talkline before the session. “This allows us to come back during the legislative session and consider this law and take into account what this judge is ruling on, and how can we be effective in making sure that what this judge had to say passes.”
House Bill 4852 As introduced, a list of certain colorful synthetic dyes states that they are “toxic or harmful to health” and have been proven by peer-reviewed scientific evidence to pose a risk or harm to human health.
Rep. Mike Hornby, R-Berkeley
This bill passed the House of Representatives 77-18 vote. Rep. Mike Hornby, R-Berkeley, was one of the non-voters.
“I don’t really like telling people, especially adults, what to do with their bodies,” Hornby said. “I think people need to make better choices. I don’t think the government needs to tell or force them to make better choices.”
He continued: “I also think it was premature. Changes happen with every administration. I think we should follow the federal guidelines instead of trying to get ahead of ourselves.”
Sen. Eric Tarr, R-Putnam
Tarr had hoped the bill would face stiffer opposition in the Senate, citing concerns that the Food and Drug Administration has not said banned food colors and chemicals are harmful in the amounts consumed in normal diets.
“(And) we went to the areas that are economically stressful to begin with and said, ‘We’re going to take food off the shelves now. And not only are we going to take food off the shelves, but if it’s still on the shelves, we’re going to make it more expensive.’ That’s what this bill was about,” Tarr said. “There are manufacturers in the United States that supply hundreds of millions of people. They’re not going to change their manufacturing around West Virginia.”
“I was going to filibuster every amendment,” he added. The Senate sent the bill to the Rules Committee on March 12, but it was not considered by the session’s deadline.
Worrell did not respond to requests for comment on this story.
The court case over the 2025 bill banning certain food colorings continues, and Berger’s injunction temporarily blocking implementation of much of the bill remains in effect.
The West Virginia Attorney General’s Office tried to dismiss the case earlier this year, but the request was rejected by a judge. case An appeal to the Fourth Circuit is pending regarding Berger’s injunction.
Assistant Evan Worrell, R-Cabell
Morrissey said “West Virginia remains committed to our mandate to protect the health and well-being of our people, especially our children…(We) will continue our efforts to remove harmful trash from our food supply,” he said in December.
Siegenfelder Co., the Wheeling-based maker of Twin Pops, recently announced that it will use natural color sources such as radish and spirulina in light of changing food regulations. Natural colors are more expensive than synthetic dyes, Intelligencer reported.
Senate school lunch changes stalled
Member of Parliament Considering banning School lunches contain an additional 23 food additives, including aspartame and aloe vera. Supporters of the bill argued it could help the state financially. childhood obesity problem.
Senate Bill 745 that was necessary Less than 5 percent of the daily calories provided in school nutrition programs come from added sugars, which has worried some lawmakers. Chocolate milk may be banned At lunchtime.
The Senate passed the bill, but it failed to pass the House Education Committee by the legislative deadline.
