West Virginia Governor Patrick Morrisey has signed into law a measure that prohibits certain synthetic dyes and preservatives from use in foods and drugs, effective 2028, giving companies time to reformulate products.

More immediately, the law prohibits the use of seven artificial colors in any meal served in a school nutrition program beginning Aug. 1, 2025.

“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission,” Morrisey said in a statement. “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges.”

The legislation deems the following food additives unsafe:

• Red Dye No. 3 (FDA recently revoked authorization for use of Red Dye No. 3 in food and drugs.)
• Red Dye No. 40 
• Yellow Dye No. 5 
• Yellow Dye No. 6 
• Blue Dye No. 1
• Blue Dye No. 2 
• Green Dye No. 3

Beginning on Jan. 1, 2028, the same dyes, along with preservatives butylated hydroxyanisole and propylparaben, must not be contained in drugs and food items for sale in West Virginia.

“Today’s announcement represents a step toward a productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens,” Morrisey said in the announcement. “Through the implementation process, I look forward to advancing policies which improve our health care outcomes, maintain our jobs, and respect the FDA’s and supply channel’s role in the process.”