West Virginia Food Dye Ban

Title: West Virginia Bans Certain Food Dyes
Date: March 24, 2025
Signed by: Governor Patrick Morrisey

Why it Matters

There is growing belief that certain food dyes may be harmful. The science and research regarding the health effects of food dye are ongoing but as states begin to ban food dyes it's likely a similar federal law will be enacted. 

Executive Summary

This bill amends Section 16-7-2 of the West Virginia Code to expand the definition of "adulterated food" under state law. It prohibits the sale of food products that contain specific artificial food dyes considered harmful to health. These dyes—Red Dye 3, Red Dye 40, Yellow Dye 5, Yellow Dye 6, Blue Dye 1, Blue Dye 2, and Green Dye 3—are now classified as injurious substances. As a result, any food product containing them is deemed adulterated and cannot be legally sold in the state.

Key Provisions

• Prohibition on Sale of Adulterated Products (§16-7-1):

  • This section makes it unlawful for any person in West Virginia to manufacture for sale, offer for sale, or sell any drug or food product that is adulterated as defined under this law.
  • "Drug" includes all medicines used internally or externally, along with antiseptics, disinfectants, and cosmetics.
  • "Food" includes all items consumed as food, drink, candy, or condiments by humans, whether alone or in combination with other substances.
    (§16-7-1)

• Definition of Adulterated Drugs (§16-7-2(a)):

  • A drug is considered adulterated if it does not meet recognized standards of strength, quality, or purity, is misrepresented, or has altered contents.
  • Specific criteria include differences from official pharmacopoeia standards, substitution or dilution, and mislabeling.
    (§16-7-2(a))

• Definition of Adulterated Food (§16-7-2(b)):

  • Food is adulterated if it includes harmful substances, substitutes inferior ingredients, omits essential components, or is manipulated to appear of higher quality than it is.
  • The amended law explicitly includes as injurious any food product containing the following artificial dyes:
    • Red Dye 3
    • Red Dye 40
    • Yellow Dye 5
    • Yellow Dye 6
    • Blue Dye 1
    • Blue Dye 2
    • Green Dye 3
      (§16-7-2(b)(7))

• Labeling Requirements (§16-7-2(b)(9)):

  • Exceptions apply to mixtures or compounds recognized as ordinary food ingredients if properly labeled and not injurious to health.
  • Labels must be written in English, and the size of the lettering must meet minimum requirements to ensure clarity.
  • Ingredients and the terms “compound” or “mixture” must be presented in a legible format that reflects the proportion of each ingredient.
    (§16-7-2(b)(9))

Source: https://www.wvlegislature.gov/bill_status/bills_text.cfm?billdoc=hb2354%20intr.htm&yr=2025&sesstype=RS&i=2354