West Virginia plans to ban synthetic dyes in food, now FDA says they’ll do the same nationwide

by Amelia Ferrell Knisely, West Virginia Watch
April 23, 2025

The Trump administration announced plans to phase out petroleum-based synthetic dyes from the nation’s food supply before the end of next year.

Gov. Patrick Morrisey appeared on stage alongside Health and Human Services Secretary Robert F. Kennedy Jr. for the announcement Tuesday in Washington, D.C. It’s not yet clear how the food and beverage industries will handle the changes, but supporters say healthier alternatives — like beet and carrot juices — can be used to dye food. 

Morrisey recently signed legislation banning a list of colorful artificial food dyes in West Virginia school meals this year. The bill also banned artificial dyes in drugs and food items for sale in the state beginning in 2028. 

“People are going to be hearing a lot more about getting the crap out of the food,” Morrisey told WSAZ. “This builds in with the other health care related initiatives that I’ve put forth in the Mountain State to make sure that we’re incentivizing the consumption of healthy foods…”

While other states have banned certain dyes, West Virginia’s legislation, spearheaded by a group of Republican lawmakers, is the first sweeping food dye ban to be signed into law.

Sen. Jason Barrett, R-Berkeley, who championed the bill, also attended Kennedy’s announcement in D.C. 

“There’s a lot of folks that came up to us that are in the [Make America Healthy Again] movement and really indicated their opinion was that because West Virginia took the action that they did, it has forced the large food and beverage manufacturers to come to the table with Secretary Kennedy to develop a plan [to] get these harmful food dyes out of our food,” Barrett said.

The federal Department of Health and Human Services said it aims to work with the food industry to eliminate six synthetic dyes — such as red dye No. 40 and blue No. 1 — from the food and drink supply. 

The FDA has approved 36 food dyes, nine of which are artificial and made from petroleum. The Biden administration previously announced that the federal government would ban Red No. 3 in food beginning in 2027.

The synthetic dyes are used to give foods like Skittles and Cheetos their vibrant hues. 

“These poisonous compounds offer no nutritional benefit and pose real, measurable dangers to our children’s health and development. That era is coming to an end,” Kennedy said in a statement. 

Kennedy and some West Virginia lawmakers have linked the synthetic dyes to health problems and behavioral issues in children. The U.S. Food and Drug Administration hasn’t established that artificial dyes cause behavioral problems, but those in support of the ban have listed studies showing that they do. 

The FDA also announced measures aimed at phasing out the dyes, including establishing a timeline for the food industry to transition from the synthetic dyes to natural alternatives.

“I will give the FDA credit in that they have announced there have been several other natural food dyes that are getting approval that will provide more options,” Barrett said.

The Trump administration hasn’t received guarantees or written agreement from food companies regarding the artificial dye mandate. FDA Commissioner Marty Makary hopes the food industry will make the changes voluntarily.

“There are a number of tools at our disposal. And so I believe in love, and let’s start in a friendly way and see if we can do this without any statutory or regulatory changes,” Makary said. “They want to do it.”

As West Virginia lawmakers worked on their food dye ban legislation, the state’s food and beverage industry pushed back on the measure, warning it would lead to increased grocery prices and empty shelves. Alternative ingredients don’t exist to scale, they said. 

Lawmakers dismissed that idea, saying it was industry “scare tactics.” 

The HHS also announced that the FDA will partner with the NIH Nutrition Regulatory Science and Research Program to enhance nutrition and food-related research to better inform regulatory decisions.

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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.