Texas, West Virginia Progress State Bills to Ban ‘Harmful’ Food Additives, Dyes
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Texas and West Virginia are the latest states to progress bills that aim to ban artificial food dyes and other additives from foods served at schools or from sale statewide.
The state bills are reminiscent of the California Food Safety Act and California School Food Safety Act, successfully passed in October 2023 and August 2024, respectively, which were the first bills of their kind to ban several “harmful” food additives and dyes from foods sold statewide or in schools.
It is worth noting that the U.S. Food and Drug Administration (FDA) has already revoked its authorizations for the use of two food additives targeted in the pending West Virginia and Texas bills; specifically, red dye 3 and brominated vegetable oil (BVO), authorizations for which were revoked at the federal level in July 2024 and in January 2025, respectively.
West Virginia Bills Aim to Ban Certain Food Dyes Statewide and in Schools
West Virginia Senate Bill 545, proposed by Senator Jason Barrett (R-16), would prohibit “unsafe” artificial food colorants from any meal served in a school nutrition program. Specifically, the bill targets red 3, red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3. Excepted from the rule would be food items sold as part of a fundraising event taking place off of and away from school premises, or taking place on school premises at least one half-hour after the end of the school day.
Senate Bill 545 has been approved by the Health Committee, and was sent to the Health and Human Resources Committee. It is set to be read again on March 3, 2025. If passed, the bill would go into effect as early as July 1, 2025.
Additionally, the West Virginia House passed a bill on February 28 that would ban the same seven artificial food dyes from all foods sold in the state. Introduced by a group of eight Republican delegates, House Bill 2354 would amend the Code of West Virginia, Section 16, Article 7.2 to change the conditions for food adulteration. The bill would consider foods containing red 3, red 40, yellow 5, yellow 6, blue 1, blue 2, or green 3 to be “adulterated,” effectively prohibiting the sale of any such food in the state.
House Bill 2354 was communicated to the West Virginia Senate on February 28.
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Texas Targets Various Food Additives in Reduced-Price School Meals
Texas Senate Bill 314, introduced by Senator Bryan Hughes (R-1), aims to prohibit the inclusion of foods containing certain additives in free or reduced-price meals provided by school districts. A similar bill (House Bill 1290) was introduced to the House by Representative Caroline Harris Davila (R-52).
The bills target BVO, potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole (BHA), red 3, and titanium dioxide. If passed, the legislation would take effect on September 1, 2025, at the beginning of the 2025–2026 school year.
Senate Bill 314 was presented to the Committee on Health and Human Services on February 26 as part of a “Make Texas Healthy Again” bill package (echoing new U.S. Health and Human Services Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” agenda). The bill awaits a vote within the committee before being presented on the Senate floor.
Update, March 5, 2025: West Virginia House Bill 2354 passed the Senate in a 31-2 vote. It now moves back to the House of Delegates.
Update, March 25, 2025: West Virginia Governor Patrick Morrisey signed into law House Bill 2354. Beginning August 1, 2025, foods containing red 3, red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3 may not be used as an ingredient in any meal served in a school nutrition program. Beginning January 1, 2028, the same dyes, plus additives butylated hydroxyanisole and propylparaben, must not be contained in drugs and food items for sale in the state.
Update, July 3, 2025: Texas Senate Bill 314 was enacted in late May.
