By Julie Holt, Director, Global Advisory Services
FoodChain ID experts in Regulatory and Scientific Consulting offer global guidance to meet the evolving demands of the food and beverage marketplace.
On March 24, West Virginia’s Governor signed into law a ban on most synthetic food dyes and two preservatives, making the legislation the most comprehensive state food legislation to date and positioning West Virginia as a trailblazer in the political fight regarding food additives. Governor Patrick Morrisey cited potential public health risks as the driver behind the legislation. West Virginia ranks at the bottom of many health metrics, which Governor Morrisey noted as a reason to initiate the Make America Healthy Again (MAHA) mission in the state. West Virginia has an adult obesity rate of over 40% and a high prevalence of diabetes, according to the Centers for Disease Control and Prevention. The food policy initiative includes leveraging food choices to minimize chronic disease.
West Virginia House Bill 2354 bans the manufacture and sale of foods containing seven synthetic food dyes, including Yellow #5 and Red #40, along with two preservatives, butylated hydroxyanisole (BHA) and propylparaben. These additives have been flagged by lawmakers as “unnecessary and harmful.” The Governor supports public health initiatives starting with a statewide ban on what lawmakers consider to be unnecessary additives. The new law classifies any food or beverage containing the banned additives as adulterated. The law takes effect on January 1, 2028, giving manufacturers under three years to make the necessary changes to their food and beverage formulations.
Beverage Industry Associations React to the West Virginia Legislation
Critics of the ban say the legislation is too broad and would make many products currently on grocery store shelves in the state illegal. There are concerns that residents of West Virginia will face a scarcity of some products and higher food prices due to this legislation. It is estimated that around 60% of foods sold in the grocery store contain banned additives. Industry responses have been strong, with statements stating that the ban will effectively eliminate many of the current products sold. The American Beverage Association has warned of higher prices and economic concerns related to the closure of businesses because of this legislation.
For food and beverage manufacturers, these bans will mean the reformulation of products that rely on artificial food dyes for vivid colors and shelf-life stability. Natural colorant alternatives like beet juice, elderberry concentrate and turmeric are gaining traction but present challenges in terms of cost, functionality and availability. West Virginia is not the only state taking action to regulate food additives, so it is likely that reformulations will dominate the food industry for some time.
Activist Group Monitors State Legislation Activity on Food Additives
According to the Environmental Working Group (EWG), an advocacy organization, 30 states have introduced bills similar to the West Virginia law. Many of the bills focus on synthetic colorants stemming from safety concerns such as negative neurobehavioral effects in some children or potential carcinogenicity. Even though synthetic colorants have a long history of safe use in food and beverages, there are growing concerns by policy makers that they are at best unnecessary and at worst harmful.
About the Author
Julie Holt is a subject matter expert in the areas of food and beverage, additives, and regulatory strategy. She has beverage industry expertise and currently provides consulting support across multiple beverage categories. Ms. Holt has more than 25+ years of regulatory experience in the food and food ingredients industries and managed her own advisory firm, Scientific & Regulatory Solutions LLC, prior to joining FoodChain ID. As a consultant, Julie supported several food and beverage clients including a Fortune 50 company. Julie has provided global regulatory knowledge covering more than 200 countries.
