West Virginia’s House of Representatives and Senate have both voted to approve the same version of House Bill 2354, officially clearing the way for it to be sent to Governor Patrick Morrisey.
The measure, which would ban the sale of foods containing certain artificial dyes as well as the food additives butylated hydroxyanisole and propylparaben, received a concurrence vote in both chambers today, with lawmakers agreeing on the same language. It would also prohibit these substances from being used in school nutrition programs, with that provision set to take effect on August 1, 2025.
The House initially passed the bill in a 93 to 5 vote, and the Senate later approved it by a wide 31 to 2 margin. However, given it was amended slightly in the Senate, it needed to go back to the House.
With today’s concurrence vote confirming that both chambers are in agreement, the bill has now been sent to Governor Morrisey, who can sign it into law, allow it to become law without his signature, or issue a veto. If he chooses the latter, the legislature has well more than enough support to override it (a two-thirds majority is required).
If enacted, the legislation would prohibit the sale of food products containing Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3. These dyes are commonly used in a variety of processed foods, candies, and beverages. Supporters argue the ban is necessary due to potential health risks linked to artificial food coloring.
