The West Virginia Senate on March 5, 2025, passed House Bill 23‑54, which bans specified synthetic food dyes (Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6) and the preservatives butylated hydroxyanisole (BHA) and propylparaben from foods sold in the state. The chamber voted 31 yeas, 2 nays, 1 absent on third reading and later took the two‑thirds vote necessary to make the measure effective from passage.

Why it matters: Sponsors argued the dyes and preservatives are linked to neurobehavioral effects in children and, in some studies, to carcinogenic compounds. The bill also imposes earlier restrictions on dyes in school nutrition programs and a later statewide consumer ban, creating a phased implementation timeline that affects producers, schools and retailers.

What the bill does

The bill text described on the floor bans the listed artificial color additives and the two preservatives on grounds that they may be poisonous or injurious to health. Floor remarks stated the consumer‑market portions of the bill will take effect Jan. 1, 2028, while the restrictions that apply to school nutrition programs — with limited exceptions for fundraisers sold off school grounds or sales after school hours — would take effect Aug. 1, 2025. On the floor a sponsor moved an amendment that substituted 2028 for an earlier implementation year; that amendment was adopted before final passage.

Floor debate and evidence cited

Supporters who addressed the chamber cited testimony reported in committee from clinical trials they said show neurobehavioral effects — symptoms described on the floor included hyperactivity, restlessness and sleep disruption among children. A senator referenced the National Center for Biotechnology Information and criticized the U.S. Food and Drug Administration for not reevaluating the chemicals for decades. Members noted that numerous companies and retailers (the sponsor cited Aldi and Costco as examples) sell products without the listed synthetic dyes in some markets, and that manufacturers often use natural colorants such as beet juice, turmeric or spirulina in other countries.

Opponents and concerns

Floor debate recorded two recorded nay votes and one senator absent at the time of the final tally; the transcript shows opponents warned about supply and availability and argued the measure could be disruptive for retailers and producers. The bill text includes narrow exceptions for school fundraisers sold off campus or after the school day.

Vote and next steps

On final passage the clerk announced 31 yeas, 2 nays and 1 absent. Following passage, the Senate recorded the two‑thirds vote required to declare the bill effective from passage. The Senate clerk communicated the action to the House of Delegates. The bill will proceed according to the statutory process; the transcript records the effective dates as discussed on the floor (school nutrition restrictions: Aug. 1, 2025; consumer market ban: Jan. 1, 2028).

Attribution and sources

Floor remarks cited clinical trials and reports by U.S. agencies and research bodies; the transcript specifically referenced the National Center for Biotechnology Information and the FDA. The transcript also quoted senators who compared U.S. product formulations to those sold in the U.K., the EU and Canada. No external documents were attached to the floor transcript itself.