NCL applauds West Virginia lawmakers for food dye/additives ban bill 

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Media Contact: Lisa McDonald, Vice President of Communications 202-207-2829

Washington, DC – The National Consumers League (NCL) applauds West Virginia lawmakers for the passage of House Bill 2354. This bipartisan legislation amends the State Code regarding adulterated food and drugs, banning harmful food additives and dyes in processed food products sold in the state. Among the banned substances are Red Dye No. 3, Yellow Dye No. 5, Butylated Hydroxyanisole (BHA), Propylparaben, Red Dye No. 40, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3 – all deemed unsafe for consumption.

The bill passed the House on February 28 with a 93-5 vote and was introduced to the Senate. Last week, the Senate amended the bill, and now it must return to the House for a vote to concur with the changes. If the House passes the amended legislation it will go to the Governor’s desk to be signed into law. If enacted, the legislation would ban food products containing the colors in school nutrition programs beginning on Aug. 1, 2025, and then extend to all food sold statewide on Jan. 1, 2028.

“West Virginia is leading the way in protecting public health by banning dangerous dyes and additives from its food supply,” said NCL CEO Sally Greenberg. “It’s well known that these synthetic dyes and additives pose serious health risks, and the Mountain State is showing others how to take bold action to safeguard their residents.”

In December, NCL also urged the FDA to issue a federal ban on Red No. 3, a petroleum-based colorant known to cause cancer in laboratory animals. The FDA issued the order to revoke authorization for the use of FD&C Red No. 3 on January 15, 2025. Manufacturers who use the dye in food and drugs will have until January 15, 2027 (food and supplements) or January 18, 2028 (ingested medications), to reformulate their products.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.