Artificial Food Coloring Ban Still Blocked by Judge in West Virginia; The bill that was supposed to address this failed in the Senate

A GOP-backed bill that would make changes West Virginia’s Prohibition about certain colorful artificial dyes didn’t make it to the governor’s desk this year. For now, the food coloring ban – one of the first of its kind in the country – remains temporarily blocked by a federal judge.

While the bill to streamline the artificial food coloring ban passed in the House of Representatives, it faced more scrutiny in the Senate, where members wanted an exemption Popsicles from West VirginiaPepperoni rolls and more from synthetic food coloring regulations.

Ultimately, the Senate shelved the measure, which faced seven amendments aimed at exempting West Virginia food manufacturers and products, in the final days of the session.

Sen. Eric Tarr, R-Putnam, said it wasn’t right for lawmakers to go beyond federal food regulations. And he felt it could hurt West Virginia-based food manufacturers.

“It looks terrible to attract industry to West Virginia, and especially when we already have a lot of that industry here in West Virginia,” said Tarr, who supported changes to the bill. “This sends a terrible message across the country and the world about coming to West Virginia.”

In 2025 the legislature passed an invoice the ban Use of seven synthetic red, blue, green and yellow dyes in foods and medications sold in West Virginia beginning January 1, 2028. The legislature has also banned the utilize of these dyes in public school meals beginning of this school year.

The Republicans behind the measure said it was unnecessary and harmful, and so they did linked them to behavioral problems in children. The legislation also prohibits the utilize of butylated hydroxyanisole and propylparaben in foods and medicines.

Opponents of the measure warned that a comprehensive ban on food coloring would be an exception in the country driving up food prices.

Governor Patrick Morrisey signed The measure was signed into law, prompting U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. to praise state leaders for changing food policy. Kennedy wants expire As part of the Trump administration’s broader “Make America Healthy Again” initiative, all synthetic petroleum-based dyes will be removed from the nation’s food supply.

But the impending introduction of the nationwide ban on food dyes has been temporarily blocked by the USA District Judge Irene Berger of the Southern District of West Virginia. The International Association of Paint Manufacturers sued West Virginia health and school leadersthat the state legislature acted unlawfully by asserting its power over the U.S. Food and Drug Administration, which has the authority to make food safety decisions.

Berger said the law is likely unconstitutionally vague because it does not provide sufficient guidance or standards to prevent arbitrary enforcement by the West Virginia Department of Health. The judge’s order did not apply to the portion of the law that prohibits the utilize of certain artificial food colors in school meals.

Changes to the food coloring ban do not receive a vote in the Senate

During the last legislative period House Health Committee Chairman Evan Worrell, R-Cabell, has introduced a bill that would make some adjustments to the food dye ban at the judge’s order.

“I think our law is sound, but I want to be clear: This law does not go into effect until January 1, 2028, or should not go into effect for two years,” Worrell said said MetroNews Talkline before the meeting. “So this allows us to come back during the legislative session and look at this law and take into account that this judge is deciding, and how can we effectively ensure that it actually meets the requirements of what this judge had to say.”

House Bill 4852 The introduction states that a list of certain colorful synthetic dyes are “toxic or harmful” and have been proven by peer-reviewed scientific evidence to pose a risk or harm to human health.

The measure passed the House of Representatives with a Vote with 77 votes to 18. Del. Mike Hornby, R-Berkeley, was one of the no votes.

“I’m not a big fan of us telling people – especially adults – what to do with their bodies,” Hornby said. “I think people need to make better decisions. I don’t think we need the government telling us or forcing us to make better decisions.”

He continued: “I think it was too premature too. With every administration there will be changes. I think we should follow the federal guidelines instead of trying to stay ahead.”

Tarr wanted the bill to face tougher opposition in the Senate, citing concerns that the Food and Drug Administration had not said the banned food dyes and chemicals were harmful at levels consumed in a normal diet.

“ [Then] We go into the areas that are economically stressed to begin with and say, “We’re going to take the food off the shelves now.” And don’t just take food off the shelves, if it stays there we make it more expensive for you. “That’s what this bill intended,” Tarr said. “There are manufacturers that serve hundreds of millions of people in the United States.” They will not change their production in West Virginia.”

“I wanted to kill this thing with every amendment,” he added. The Senate sent the measure to the Rules Committee on March 12, but it was not taken up by the meeting deadline.

Worrell did not respond to a request for comment for this story.

The court case over the 2025 bill banning certain food dyes continues, and Berger’s injunction temporarily blocking enforcement of most of the bill remains in place.

The West Virginia Attorney General’s Office attempted to dismiss the case earlier this year, but the request was denied by the judge. The case is stayed pending an appeal of Berger’s injunction to the 4th Circuit.

Morrisey said in December that “West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially our children….” [We] We will continue to advance our efforts to remove harmful crap from our food supply.”

Ziegenfelder, maker of Twin Pops based in Wheeling, recently announced it would utilize natural coloring sources like radishes and spirulina in featherlight of changing food regulations. The natural colors are more costly than the synthetic dyes, according to The Intelligencer reported.

Senate school meal changes stalled

Legislature also thought about a ban another 23 food additives, including aspartame and aloe vera, in school meals. Proponents of the measure argued that it could facilitate the state Child obesity problem.

Senate Bill 745 demanded that No more than 5% of daily calories consumed in a school nutrition program can come from added sugars, which worried some lawmakers it could ban chocolate milk at noon.

The Senate passed the bill, but it failed to make it out of the House Education Committee by the legislative deadline.