Artificial food dye bans: Which states are pursuing them

CNN

29-03-2025

What West Virginia lawmaker Adam Burkhammer 'once thought was a conspiracy theory became reality' to him recently.
The Republican state delegate had been witnessing 'the adverse effects that synthetic dyes were having on my son's behavior, and the improvement of focus and attention' when he removed foods with the dyes from his son's diet, Burkhammer told CNN via email.
Inspired by this experience, he worked with the West Virginia Legislature last month to introduce House Bill 2354, which sought to ban the use of artificial food dyes in schools and, eventually, foods sold statewide.
Gov. Patrick Morrisey, a Republican, signed that bill into law on March 24. It's the latest in a series of actions by many US states aiming to ban or restrict use of the additives due to health concerns, including potential effects on learning and attention among children, and the risk of cancer in animals.
But West Virginia's law is the most sweeping so far, prohibiting seven dyes and two preservatives: red dyes No. 3 and No. 40, yellow dyes No. 5 and No. 6, blue dyes No. 1 and No. 2, green dye No. 3, butylated hydroxyanisole, and propylparaben.
All these dyes are made from petroleum and are used to make food and beverages brightly colored and more appealing to consumers. The dyes portion of the West Virginia law will be enacted in schools beginning August 1. Then the dyes portion and the section on butylated hydroxyanisole and propylparaben will take effect statewide on January 1, 2028.
'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 a news release, referring to the slogan used by US Health and Human Services Secretary Robert F. Kennedy Jr., a vocal critic of artificial dyes.
'By eliminating harmful chemicals from our food, we're taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges.'
Two weeks earlier, Kennedy had met executives of top US food companies and later posted on X that they had a 'great discussion' that day about 'advancing food safety and radical transparency to protect the health of all Americans, especially our children. We will strengthen consumer trust by getting toxins out of our food.'
Morrisey's decision follows those of California, whose legislature banned red dye No. 3 statewide in October 2023 and six other common dyes, including red dye No. 40, from use in school foods in August 2024. The US Food and Drug Administration banned red dye No. 3 in January, effective for food on January 15, 2027, and for drugs on January 18, 2028. And on March 21, Virginia passed a law banning colorants from school food, effective July 1, 2027.
California has been a leader in banning food dyes and other additives, but the movement isn't limited to Democratic-controlled states. Many of these bills, by both Democratic and Republican legislators, have been introduced in the time leading up to or following Kennedy's confirmation as US health secretary. And some Republican legislators also invoke Kennedy's 'MAHA' motto in their proposals.
Besides California, Virginia and West Virginia, there are currently 23 other states across the political spectrum seeking to ban dyes and other additives, according to a tracker by the Environmental Working Group, a nonprofit environmental health organization, reflecting a bipartisan push toward a safer food system.
'It is a shift, and it's remarkable,' said Dr. Jerold Mande, CEO of Nourish Science, a nongovernmental organization focused on nutrition crises in the United States. 'So many Americans are sick, and that illness is not partisan. It affects people of all incomes, of all beliefs.'
The financial costs of chronic disease may be another factor spurring governors into action, said Mande, who is also an adjunct professor of nutrition at the Harvard T.H. Chan School of Public Health.
Here's what research shows about possible health harms and what anyone concerned can do to avoid food dyes before restrictions take effect.
The proposed restrictions vary across states. The Hawaii, Iowa, Louisiana and Massachusetts bills, for example, seek to ban blue No. 1 and No. 2, green No. 3, red No. 40 and yellow No. 5 and No. 6 from school foods. Senate bills in Missouri and Florida are attempting to eliminate generally the same dyes from schools, while House bills in the same states would require just a warning label on foods (containing these additives) sold anywhere else. The Connecticut and Indiana bills would ban food dyes universally.
'In the absence of federal regulation, many states are stepping up and taking a crucial step in protecting children and adults from toxic food dyes,' Scott Faber, senior vice president of government affairs at the Environmental Working Group, said via email.
The variation in these bills — some of which also include propositions to ban other chemicals that aren't dyes — may be, in part, a strategy to push the FDA to change its protocols, Mande said.
'Companies will have to make different products for different states, and that just would be a nightmare for them,' he added. 'Quickly, companies see that they need an across-the-board federal standard and will push for that.'
That's what industry associations are already seeking.
The National Confectioners Association said in a statement that there is a role for state legislators to play in the US food system, but that the FDA is the 'rightful national regulatory decision maker and leader in food safety.' Some of the association's member companies sell products containing artificial dyes.
'Food safety is the number one priority for U.S. confectionery companies, and we will continue to follow and comply with FDA's guidance and safety standards,' the association added via email.
John Hewitt, senior vice president of state affairs at the Consumer Brands Association, echoed this sentiment, saying it's why the trade association has urged the FDA to 'aggressively acknowledge its responsibility as the nation's food safety regulator.'
CNN contacted the FDA for comment but did not hear back before publication.
Governments, researchers and nonprofit organizations have long raised concerns about artificial dyes.
'The overwhelming evidence shows that synthetic dyes cause neurobehavioral problems in some children, making it difficult for them to learn,' said Faber, also an adjunct professor of law at Georgetown University Law Center. 'Despite this, the Food and Drug Administration has not thoroughly reviewed these dyes for decades, nor taken any action to regulate them aside from banning Red 3 in January.'
Red No. 3, red No. 40, blue No. 2 and green No. 3 all have been linked with cancer or tumors in animals. Other sources say red No. 40 and yellow No. 5 and No. 6 contain or may be contaminated with known carcinogens.
Blue No. 1 and yellow No. 6 may also be toxic to some human cells. And as little as 1 milligram of yellow dye No. 5 may cause irritability, restlessness and sleep disturbances for sensitive children.
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What may explain the relationship between artificial dyes and negative health outcomes is unknown, experts have said. Researchers also aren't fully certain about risk levels and whether they depend on the dye — largely due to a lack of funding for nutritional research, Mande said.
Some animal studies have shown that dyes are quickly metabolized and excreted through urine, but dyes may still have a cumulative effect on the body, Dr. Michael Hansen, a senior scientist at Consumer Reports, told CNN in January. Consumer Reports is a nonprofit helping consumers evaluate goods and services.
The potential of an accumulative effect is partly why much of the concern about food dyes is focused on children — since they, in addition to being in critical periods for development, also have smaller bodies.
If you want to avoid artificial dyes, read ingredient lists of food and beverage products when you're shopping, experts said — and note that dyes are also found in products that aren't conspicuously colorful. Some restaurants have ingredient lists on their websites.
Dyes are mostly found in ultraprocessed foods and beverages, so avoiding those products is one shortcut, Dr. Jennifer Pomeranz, associate professor of public health policy and management at New York University, told CNN in January.
On ingredient lists, these artificial dyes are sometimes referred to using the following terms:
Red dye No. 3: red 3, FD&C Red No. 3 or erythrosine
Red dye No. 40: red 40, FD&C Red No. 40 or Allura Red AC
Blue dye No. 1: blue 1, FD&C Blue No. 1 or Brilliant Blue FCF
Blue dye No. 2: FD&C Blue No. 2 or indigotine
Green dye No. 3: FD&C Green No. 3 or Fast Green FCF
Yellow dye No. 5: yellow 5, FD&C Yellow No. 5 or tartrazine
Yellow dye No. 6: yellow 6, FD&C Yellow No. 6 or sunset yellow
Dyes listed with the word 'lake' indicate the dye is a fat-soluble version, meaning it can dissolve in oily foods or drinks.
You can find whether your medications contain dyes by reading the ingredient lists on the drug labeling or package insert. Alternatives include buying drugs without them or going to a compounding pharmacy that could possibly manufacture them without additives. Always consult your doctor before altering your medication routine.