West Virginia food dye ban faces first legal challenge

Synthetic food dyes in candy and other products are facing a phased ban in West Virginia under the “Make America Healthy Again” initiative, amid growing concerns over children’s health. Credit: Shutterstock

Industry group takes action over six synthetic dyes

West Virginia’s landmark ban on several synthetic food dyes is facing its first legal challenge. On Monday, the International Association of Colour Manufacturers filed a lawsuit in the US District Court for the Southern District of West Virginia, seeking to overturn the prohibition. The law targets six petroleum-based dyes, including red no. 40, yellow no. 5, yellow no. 6, blue no. 1, blue no. 2 and green no. 3, which the association says are FDA-approved and safe for use. Recent studies have found synthetic dyes in one in five packaged foods and drinks within the US.

Schools already serving dye-free meals

The ban is being introduced in two phases. Since August, schools have been prohibited from serving meals containing the restricted dyes, while from 2028 the ban will extend to all food and drink sold in the state. Red no. 3 is excluded as the US Food and Drug Administration is phasing out its approval nationally.

Health concerns versus industry impact

Industry representatives warn that the ban could make it harder for businesses to operate and increase the cost of food for consumers. John H Cox, General Counsel for the International Association of Colour Manufacturers, said: “Bans on FDA-approved ingredients will make it harder for businesses to operate in West Virginia and other states, and raise the cost of food for consumers.”

Public concern over synthetic dyes has grown amid research linking them to behavioural changes in children, such as hyperactivity and inattentiveness. Scott Faber, Senior Vice President at the Environmental Working Group, described the additives as “cosmetic” and questioned the need for petroleum-based chemicals in children’s diets when natural alternatives exist.

Political backing and MAHA endorsement

Supporters of the ban, including Governor Patrick Morrisey, argue it is a necessary step to protect children’s health. The law was celebrated in March alongside US Department of Health and Human Services secretary Robert F Kennedy Jr, who described it as a measure advancing the “Make America Healthy Again” (MAHA) initiative, bringing national attention to food safety and public health.

West Virginia plans to continue implementing the law while the legal challenge proceeds, with schools already sourcing dye-free meals and officials expressing confidence the legislation will withstand scrutiny.