In this photo illustration, Froot Loops are on display on Nov. 22, 2024 in Miami, Florida. If House Bill 2354 becomes law, Froot Loops and other foods that use certain artificial dyes, won’t be sold in West Virginia starting in 2028. (Joe Raedle | Getty Images)
Lobbyists for the food and beverage industry are fighting a bill that would ban synthetic dyes in food, paying thousands of dollars for ads that say it will drive up food prices and result in empty grocery store shelves. Sixty percent of grocery products could be pulled, they say.
Republicans behind the legislation say the food industry is using scare tactics and “choosing poison over profit.”
“If you can’t make a product that doesn’t poison children, then don’t put it on our shelves. I think that’s the message we’re sending,” said Sen. Jason Barrett, R-Berkeley.
The measure, House Bill 2354, would ban a list of artificial colorful dyes in foods sold in West Virginia stores and in school meals by 2028. Bill supporters say the synthetic dyes, like Red No. 3, are unnecessary, dangerous and the cause of some behavioral issues in children.
The House of Delegates amended the measure Thursday, removing language that would have penalized anyone who was selling a food item under $5,000 that contained the banned dyes.
“I want to make sure that Toby and Edith aren’t prosecuted for selling something at a bake sale,” said Del. Evan Worrell, R-Cabell.
The Senate has to sign off on the House’s changes before it would head to Gov. Patrick Morrisey’s desk for consideration. Barrett, who has spearheaded efforts on the bill in the Senate, expects his colleagues, then Morrisey to approve it. It would make West Virginia the first state in the nation to pass a sweeping ban on food dyes.
“I’m confident that he’s going to sign the bill,” Barrett said.
Americans for Food & Beverage Choice is pushing for Morrisey to veto the bill should it reach his desk. The group has spent more than $19,000 in radio ads in the last week, according to filings with the Federal Communications Commission, and they’re expected to spend more on ads in the coming days. A text message ad campaign is underway, as well.
The radio ads say that politicians go “way too far” with this ban and that there are more sensible solutions.
“This is a law that would impact six in 10 grocery store items, effectively making them illegal. It will lead to higher prices, fewer choices and empty shelves,” said Stacie Rumenap, spokesperson for Americans for Food & Beverage Choice. “The alternative ingredients simply don’t exist to scale.”
The West Virginia Beverage Association also opposes the legislation, saying the supply of alternative colors simply does not exist and will take years to catch up.
“This bill will only succeed in one thing: emptying grocery store shelves over ingredients that are proven safe and approved worldwide … We ask Gov. Morrisey to veto this misinformed bill and protect our economy and West Virginians’ freedom to decide what’s best for their family. Let’s work together on pragmatic solutions to address these concerns,” they group said in a statement.
A West Virginia nutrition director previously told lawmakers that the ban would affect only about 30 items currently offered in schools.
Rumenap said the bill also puts jobs at risk due to its potential major disruption to food suppliers.
Donnie Perdue, vice president of the Teamsters local 175 union, said the bill would result in layoffs at all Pepsi and Coca Cola facilities represented by Local 175.
“Both Pepsi and Coke have said the dye bill would cause a 50% decrease in their current inventory levels,” he said. “There has been no economic analysis done to actually see what the impact would be if all these drinks and food is banned from West Virginia … The states that border West Virginia will be the only winners with this bill as West Virginians travel to their state to get their favorite drinks and food because we no longer have them.”
Health and Human Services Secretary Robert F. Kennedy Jr. told food executives this week that removing artificial food dyes is an urgent priority. As dozens of states are considering legislation to ban food dyes, Barrett said he is “very confident that the ‘no food on the shelves’” argument is a scare tactic.
“Some of these big manufacturers like the American Beverage Association are saying, ‘We’re gonna pull these products off the shelf.’ Well, good. That’s what we’re trying to do,” Barrett said.
He notes that Aldi, which banned synthetic colors in its store-brand items, sells its own version of Pop-Tarts without dyes and product is cheaper than the Kellogg option. Watermelon juice can be used to color food instead of a synthetic dye.
Del. Marty Gearheart, R-Mercer, spoke against the measure, saying it removes his ability to choose a product that’s been approved by the Federal Drug Administration. Products like Gatorade could be pulled from the shelves, he said.
“They’re simply not going to ship that product to our state,” he said. “It appears to me … that we want government to do for us and for our children what we won’t do ourselves, and that is restrict consuming.”
Worrell, who prioritized the bill as House Health Chair, said it was unfortunate that lawmakers had to step in to regulate food.
“I don’t want to run bills like this. I wish we could trust our manufacturers not to put poison in our food,” he said. “They have chosen these poisonous chemicals to make a dollar because we allow this. They’re allowed to do this cheaper.”
Morrisey’s spokesperson didn’t return a request for comment for this story.
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