Big Food panics as West Virginia passes major ban on food dyes
Big Food is panicking over a bill passed by West Virginia’s legislature this month banning food dyes, the most extensive ban so far.
Lobbyists from the American Beverage Association, which represents PepsiCo, Coca-Cola, and other megacorporations, met with lawmakers in Charleston last week to try to stop the passage of HB 2354. The bill bans the sale of any food products containing Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, or Green 3.
These dyes have been associated with various medical conditions, particularly in children. Yellow 5, for example—also known as tartrazine—is derived from coal tar and has been linked to ADHD, food intolerance, and reproductive health issues. Red 40, also known as Allura Red AC, has been linked to hyperactivity in children and bowel disorders and has been found to damage the DNA of mice. Red 3, banned by the Food and Drug Administration (FDA) in January, has been linked to cancer in mice. The FDA’s ban on Red 3 only takes effect in January 2027.
On March 4th, West Virginia lawmakers overwhelmingly voted to ban the seven food dyes. Ninety-three out of 100 House members voted yay on HB 2354, along with 31 out of 34 senators. The comprehensive ban, which will take effect on January 1, 2028, is the first of its kind, which has spooked Big Food companies.
“I think they care about the message that West Virginia is sending to the rest of the country, that we’re willing to have the courage and we’re willing to be the first one to ban these harmful synthetic food dyes,” state Senator Jason Barrett told the Daily Caller, adding that it is rare for the ABA to send DC lobbyists to Charleston.
‘A travesty’
The West Virginia Beverage Association (WVBA), the ABA’s state chapter, warned that passing HB 2354 will have consequences.
“The natural result will be empty store shelves and sky-high grocery prices,” WVBA President Larry Swann wrote in an email to state lawmakers. Swann also threatened Rep. Evan Worrell, who chairs the House Health and Human Resources Committee, with the closure of a Pepsi distribution center in his district, which will cost jobs.
“I got mad and slammed my fist on the table and I told him, ‘Don’t ever threaten me with jobs again. I’ll make sure everybody knows who you really are,’” Worrell said.
The ABA and WVBA have also predicted that 60% of grocery store items will disappear because of the bill. State Rep. Adam Burkhammer, who sponsored HB 2354, dismissed the claim as false. Popular Food Babe blogger Vani Hari said that assuming the claim is true, all the more reason the bill must become law.
“The food industry just admitted that 60% of food at the grocery store has petroleum and coal tar-based ingredients in them — this in itself is a travesty and why we desperately need this type of legislation to pass,” she said.
