States across the US are cracking down on synthetic dyes used in making brightly colored cereals, drinks, and candies after lawmakers slammed the federal government for delaying action despite evidence of potential health risks.
Last week, West Virginia became the first state to enact a broad ban on seven artificial dyes and two preservatives. It is ranked as the least healthy state in the U.S., with the highest rate of preventable deaths.
The restrictions on certain preservatives and red, blue, green, and yellow dyes take effect in school meals this August and statewide in 2028.
In the first three months of the year, lawmakers in over 20 states, including Oklahoma, New York, and California, have introduced nearly 40 bills —the highest number in any year— to restrict these dyes, linked to neurobehavioral issues in some children.
“We should not be forced to police our own foods,” said Republican Sen. Laura Wakim Chapman, who chairs the Senate’s health committee and called the vote possibly the most important of lawmakers’ political careers. “No more toxic colors, no more poisoning ourselves and our children. No more unnecessary risks. Our health is not for sale.”
Lawmakers action explained
Federal Drug Administration (FDA) has approved 36 color additives, including nine petroleum-based chemicals, for use in food and drinks in the U.S. In January, the drug regulator prohibited the use of Red Dye No. 3 over health concerns, setting a January 15, 2027, deadline for food manufacturers to eliminate the artificial coloring agent.
Advocates for food safety have long pushed for stricter regulations surrounding such additives, citing research that connects food dyes and other chemicals to health risks, including heightened ADHD symptoms in some children and animal studies linking certain additives to cancer.
Last October, protesters gathered outside WK Kellogg Co.’s Michigan headquarters, demanding the removal of artificial dyes from cereals like Apple Jacks and Froot Loops.
While Kellogg pledged to eliminate artificial colors and ingredients from its U.S. products by 2018, it never followed through—despite making the switch in countries like Canada, where Froot Loops are colored with concentrated carrot, watermelon, and blueberry juice.
Curbs to drive up cost, says industry
The National Confectioners Association, representing chocolate, candy, gum, and mint sellers, warned that the new regulations could drive up food costs, reduce accessibility, and shrink product variety on grocery store shelves.
It argued that states like West Virginia—where one in four children live in poverty, and many communities are “food deserts” with limited access to affordable, nutritious food—would be hit the hardest.
Charles Leftwich, vice president of food safety and quality assurance at Sysco Corp., the world’s largest foodservice distributor, emphasized that food safety policies should be grounded in science and “consistently applied across all geographies.”
“We shouldn’t have a fragmented approach when it comes to food safety, because it breeds a lack of trust and confidence with within consumers,” Leftwich told The Associated Press.
Kennedy’s push
Several people are attributing this landmark move to the influence of FDA head and prominent food safety advocate, Robert F. Kennedy Jr., who’s been outspoken about the dangers of food additives.
Kennedy Jr. has previously linked artificial dyes to hyperactivity and learning disorders, citing a 2021 report from the California Office of Environmental Health Hazard Assessment.
The report analyzed 27 studies and found that certain food dyes may impact children’s behavior.
Kennedy has also privately pushed for the elimination of artificial dyes from the U.S. food supply. In a closed-door meeting with major food industry executives this month, he reportedly urged them to phase out synthetic dyes by the end of his term.
West Virginia school districts have already started removing breakfast cereals, strawberry milk, and other products ahead of the new law’s August deadline.
