CHICAGO, March 25, 2025 — West Virginia schools participating in government-funded school nutrition programs will be prohibited as of Aug. 1 from serving foods containing any of six dyes.
The ban expands to cover all foods sold in the state by Jan. 1, 2028.
The measure, signed into law Monday by Gov. Patrick Morrisey, could be a preview of what’s to come across much of the United States, if not throughout the nation. About 20 states are reportedly eying similar bills.
In addition, U.S. Health and Human Services Secretary Robert F. Kennedy Jr. Has been an advocate of removing artificial dyes from all food sold in the U.S.
“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 signing the bill. “Thank you to the Legislature, HHS Secretary Robert Kennedy, and the entire Trump Administration for helping us launch this movement right here in West Virginia.”
California already has restrictions on the additives in place. The West Virginia ban is more sweeping, essentially banning all coloring additives from foods. The state is the first to adopt such a broad elimination.
Violators of West Virginia’s law are subject to fines of $500, a year in jail or both.
The school ban applies to six dyes: Red dyes #3 and 40; yellow dyes #5 and 6; blue dyes #1 and 2; and green dye #3.
Foods containing those additives can be sold if they’re part of a cake sale or other school fundraiser, but only off-campus or at least 30 minutes after classes end for the day.
As Managing Editor for IFMA The Food Away from Home Association, Romeo is responsible for generating the group's news and feature content. He brings more than 40 years of experience in covering restaurants to the position.