West Virginia Law Banning Some Food Dyes as Bad Barred for Now

December 24, 2025, 5:19 PM UTC

West Virginia may not enforce, at least for now, a law prohibiting the use color additives in food that are “poisonous or injurious to the health.”

The law, HB 2354, bans certain red, yellow, blue and green additives in food. It prohibits their use effective Jan. 1, 2028, and forbids using any of those additives in any school nutrition program meal after Aug. 1, 2025. Gov. Patrick Morrisey (R) signed the legislation into law earlier this year.

The measure likely is unconstitutionally vague and thus void, the US District Court for the Southern District of West Virginia said Tuesday. Judge ...

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