One state just banned seven dyes — and two preservatives with them
In March 2026, West Virginia's governor signed legislation banning seven synthetic, petroleum-derived dyes — Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3 — statewide, from both food and drug products. The ban also includes two preservatives: BHA (butylated hydroxyanisole) and propylparaben. School nutrition programs must comply by August 1, 2025; all food and drug products sold in the state must comply by January 1, 2028.
These dyes have been in our food since the 1970s
The FDA has approved 36 color additives for food use, including nine synthetic dyes — Red No. 40 has been in commercial use since the 1970s. For decades, the safety review process relied on the GRAS (Generally Recognized as Safe) framework, which allowed companies to self-affirm the safety of ingredients without independent studies. HHS Secretary RFK Jr. has since called this framework "structurally flawed."
Evidence linking synthetic dyes to hyperactivity in children existed for years; the UK mandated warning labels in 2010, the EU followed suit. The first sign the federal system was catching up came when the FDA revoked authorization for Red No. 3 in January 2026, after evidence linked it to cancer in laboratory animals — more than 50 years after the dye entered the food supply.
If these ingredients were safe, there would be no reformulation
Following the West Virginia law and the MAHA rally, PepsiCo, Hershey, Nestlé, and J.M. Smucker announced plans to reformulate products containing synthetic dyes. Target announced it would discontinue selling cereals containing synthetic dyes by May 2026. Kellogg committed to removing artificial dyes by 2027.
The speed of these commitments is the story. Major food companies absorb the cost of reformulation — new ingredient sourcing, different color behavior on shelf, consumer retraining — only when regulatory and reputational risk outweighs the expense. Natural dyes cost more and behave differently, fading faster and shifting under heat. The bright, stable colors in processed food were always a feature of the chemical, not the food.
The ban is already facing a legal challenge — and the federal timeline isn't guaranteed
The ban is not fully settled law. In December 2025, a federal judge blocked enforcement of the statewide sales ban after the International Association of Color Manufacturers challenged the law's language as unconstitutionally vague — arguing that terms like "poisonous or injurious" were never defined and conflict with existing FDA approvals. A legislative fix died in the state Senate in March 2026. The school nutrition provision — banning these dyes from school meals — remains in effect.
The federal picture is also still forming. RFK Jr.'s announcement of nationwide dye removal by end of 2026 is a policy commitment, not yet a finalized regulation. Whether the full ban holds — at the state or federal level — remains to be seen. That uncertainty is the point. The standard you apply to what's in your kitchen shouldn't depend on whether the regulatory process completes on schedule. By the time a federal rule is finalized, enforced, and fully phased in, you may have spent another decade consuming petroleum-derived dye without knowing it.
How to check your labels
Check anything brightly colored in your home. If the ingredient list contains a color followed by a number — Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1 — it's petroleum-derived and currently under regulatory scrutiny.
