West Virginia is all set to ban seven synthetic food dyes that have been linked to cancer and behavioral issues.
A bill introduced by House Delegate Adam Burkhammer last month intends to prohibit the sale of any food product made with dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
All of them are found in processed foods such as candy, cereal, sodas and bread and have long been under the microscope of Health Secretary RFK who intends to improve America’s food by stripping harmful additives and dyes.
House Bill 2354 had originally been introduced in the House of Delegates and was passed with a 93-5 vote on February 28. It was then sent to the state Senate.
However, during its third reading, the bill was amended to implement the manufacturing ban from 2027 to 2028 by the Senate and then passed with a 31-2 vote in favor earlier today.
The updated bill has now been sent to the House of Delegates for their decision.
Once the House and Senate pass the same version of the bill, it will head to Governor Patrick Morrisey for his signature.
The amended bill seeks to ban the use of the artificial dyes in school nutrition programs effective August 1 with an exception for school fundraisers.
It also aims to ban the sale of products made with the dyes starting January 1, 2028, allowing manufacturers time to comply and in coordination with California’s own food dye ban.
West Virginia senators are all set to prohibit the sale of any food product made with dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 – all which have been linked to cancer and behavioral issues.
In addition to the dyes, the bill also bans butylated hydroxyanisole (BHA) and propylparaben – both food preservatives with the potential to disrupt hormones and cause cancer.
Senate Health Chairwoman Laura Wakim Chapman, a Republican from Ohio who addressed the bill on the floor, noted thousands of West Virginians ‘live without access to healthy and nutritious foods’ and are unaware of how toxic food dyes are to their health.
She said: ‘We owe our children and grandchildren a better tomorrow. No more toxic colors, no more poisoning ourselves and our children, no more unnecessary risks. Our health is not for sale.’
After the Senate’s approval, she added: ‘This is probably the most important bill that we will vote on in our entire careers.
‘Remember this day, because this will be the start of making our state and our children healthier. This bill if signed into law will put us at the forefront of food safety in West Virginia.’
The FDA recently ordered that Red 3 must be removed from foods by 2027 and medications by 2028 because of its links to cancer.
Red 3 is responsible for bright red colors in candies like Skittles and lollipops.
Studies show the dye in high doses is strongly associated with cancer in animals and has been linked to behavioral issues in children.
Senate Health Chairwoman Laura Wakim Chapman, R-Ohio who addressed the bill on the floor noted that thousands of West Virginians ‘live without access to healthy and nutritious foods’ and are unaware of how toxic food dyes are to their health
Those who love Twinkies will take in a dose of Yellow 5. Yellow 6 can be found in sugary breakfast cereals including Lucky Charms and Cap’N Crunch
In 2022, Canadian researchers found Red 40, also known as Allura red, can hamper the gut’s ability to absorb nutrients, water and electrolytes, increasing a person’s risk of developing an inflammatory bowel disease.
They say this wearing down of the body’s defenses could make people more susceptible to ulcerative colitis and Crohn’s disease.
Inflammatory bowel diseases such as colitis and Crohn’s disease, a chronic condition that causes inflammation in the digestive tract, are estimated to affect about three million Americans.
Red 40 is in several popular candies, sodas and chips – including Doritos, Skittles, and Pepsi – as well as baked goods and cake mix.
Yellow 5, also known as tartrazine, has been linked to potential triggers for hyperactivity in children and potential DNA damage based on some studies.
Snacks such as Doritos, juices, cookies and pickles are known to have Yellow 5 in them.
Blue 1 and Blue 2 are commonly found in gummy bears, ice creams and sports drinks while Green 3 is found in canned vegetables, salad dressings and bakery items
The bill also bans butylated hydroxyanisole (BHA) and propylparaben – both synthetic food preservatives
Similarly, Yellow 6 – found in sugary breakfast cereals such as Lucky Charms and Cap’N Crunch – and Blue 1 – commonly found in gummy bears – can cause hyperactivity and inattention in children.
Blue 2 – common in sports drinks – and Green 3 – found in canned vegetables and salad dressings – are found to cause increased tumor growth in animals, particularly 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.
In March 2024, New York state officials introduced two new bills calling for the ban of Red 3, propylparaben, brominated vegetable oil (BVO), potassium bromate, titanium dioxide, azodicarbonamide and BHA.
