Amid lack of faith in FDA, US states rush to ban food dyes

Call it a MAHA moment. At least a dozen US states – from traditionally conservative Oklahoma to liberal-leaning New York – are rushing to pass laws outlawing commonly used dyes and other chemical additives in foods, citing a need to protect public health.

In one of the most far-reaching efforts, West Virginia on Wednesday advanced a sweeping ban on a range of common food dyes that have been linked to health problems, particularly for children, with overwhelming support from both Republicans and Democrats.

The new law prohibits the sale of any food product containing certain yellow, blue, green and red dyes often found in candies, snacks and other foods and drinks, and goes much further than any other state in moving to eliminate the chemicals from store shelves.

The West Virginia measure has passed both legislative chambers and is expected to receive final clearance within the next week to move to the governor’s desk for signing.  

Public health advocates have been lobbying for state and federal action for years, pointing to research that links food dyes and other chemical additives to a range of health risks, including neurobehavioral problems and cancers.

Food industry advocates have protested efforts to ban the additives, citing what they say is a lack of proof that the chemicals are harmful to people, and arguing such laws will make food more expensive.

But supporters of the measures say the “Make America Healthy Again” (MAHA) movement associated with newly appointed Health and Human Services Secretary Robert F. Kennedy Jr. is giving fresh momentum to the efforts. Kennedy has long warned about chemical additives in food and vowed in his confirmation hearing before Congress to “scrutinize the chemical additives in our food supply.”

“There is a lot of support for these measures now for a few reasons.  The most obvious one is the MAHA movement,” said Laura Wakim Chapman, chair of the West Virginia Senate Health and Human Resources Committee. “Viral videos and social media content is informing the public about the dangers of unnecessary food additives. I am a mother of two and care deeply about their health. I think most parents do.”

In January, the Food & Drug Administration (FDA) banned one food dye – Red Dye No. 3 – but did so begrudgingly, saying the agency was forced as “a matter of law” to take the step, but does not believe the dye poses an actual health risk to people. The agency acted only after advocates petitioned for the ban, citing industry studies that linked Red Dye 3 to cancer in rodents more than 30 years ago.

“I think many see FDA’s belated ban on Red 3 as further evidence that FDA is not very effective at safeguarding the food supply,” said Lisa Lefferts, an environmental health consultant who served on a 2011 FDA advisory board. “Republicans are taking a more active role in this issue than ever before.”

In Virginia, lawmakers recently passed a bill that bans seven food dyes from public schools. With strong bipartisan support, the law now awaits the governor’s signature.

“Consumers are demanding better food choices and questioning why other countries restrict harmful dyes while America continues to allow them,” said Hillary Pugh Kent, a Republican in the Virginia legislature who led the bill’s passage. 

And Oklahoma on March 3 advanced its own similar measure, which would ban 21 synthetic dyes and other additives from food distributed in the state. The proposed law would give manufacturers until January 2027 to reformulate their products, but would immediately require them to display a warning label if their products contain any of the 21 additives.

New York lawmakers similarly have launched an effort to force food companies to eliminate synthetic dyes and chemical additives from their products. The proposed law there would ban seven food dyes from food sold or served in public schools and would ban statewide sales of foods with Red Dye 3 and two other food additives. The law would also require food companies to disclose “secret” food ingredients to the public that have been allowed into the marketplace under a federal standard known as “generally recognized as safe,” or GRAS.

The New York law takes specific aim at the FDA and concerns about lax federal oversight, stating that food companies may not use the FDA’s view of the safety of the chemicals “as a defense.”     

California is largely seen as a leading state in the movement, banning six food dyes from foods served to children in public schools in September, as well as banning Red Dye 3 and three other chemical additives from foods sold statewide in 2023.   

“I think RFK (Kennedy) is bringing to light concerns that we all hold,” said Jennifer Pomeranz, associate professor of public health policy and management at New York University. “I think a lot of legislators saw the inaction by the FDA so more people are coming to the table… tired of waiting for the federal government to do something.”

When asked for comment on the legislative activity, the National Confectioners Association (NCA) said that the measures “will make food significantly more expensive for, and significantly less accessible to, people in the states that pass them.” The association also said the FDA should be the final arbiter for food additives.

“While there is a role for state legislators and public health officials to play in the ongoing conversation about food additives, decision making should be left to FDA,” the NCA said.