At least a dozen US states rush to ban common food dyes, citing health risks
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RFK Jr’s ‘Maha’ giving fresh momentum to longtime efforts to outlaw additives, which is now a bipartisan movement

At least a dozen US states – from traditionally conservative Oklahoma to liberal-leaning  – 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 last week  on a range of common food dyes that have been linked to health problems, particularly for children, with overwhelming support from both  and .

The  measure has passed both legislative chambers and is expected to move to the governor’s desk for signing.

Public health advocates  for state and federal action for years, pointing to research that links food dyes and other chemical additives to health risks, including  in children and .

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 raise food prices.

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 federal government – in the form of the Food and Drug Administration (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.

But supporters of the measures say the “” (Maha) movement associated with newly appointed health and human services secretary, , is giving fresh momentum to the efforts. Kennedy has long warned about chemical additives in food and  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  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 FDA banned one food dye –  – 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 3 Dye 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  that bans seven food dyes from public schools. With strong bipartisan support, the law now awaits the governor’s signature.



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“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 3 March , 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 dyes from food sold or served in public schools and would ban statewide sales of foods with Red 3 Dye and two other chemical additives from foods sold statewide in 2023.

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

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

“I think RFK \ 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.”

_This story is co-published with the , a journalism project of the Environmental Working Group_
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