A bill on the way to Gov. Patrick Morrisey’s desk would ban foods containing certain artificial dyes in West Virginia, like Red No. 40, which is in Jell-O hot dogs, ketchup and cereals. (Leann Ray | West Virginia Watch)
“This is probably the most important bill that we will vote on in our entire careers here,” Republican Sen. Laura Wakim Chapman said a couple of weeks ago before the state Senate passed a bill 31-2.
Now what was this important legislation?
New regulations to make sure all West Virginians have clean water?
A solution to funding the West Virginia Public Employees Insurance Agency, ensuring that all public employees have affordable health care?
Perhaps more funding for public schools that most children attend or maybe raises for their teachers?
No. It was a bill banning some artificial dyes in food.
House Bill 2354 was passed by both the House and Senate, and now heads to the governor’s desk for consideration.
The bill also bans several food dyes from foods served in public schools, like Red No. 40, which is in Jell-O, cereals, hot dogs and ketchup; Blue No. 1, found in canned peas and packaged soups, and Green No. 3, an ingredient in canned vegetables and Jell-O. This ban is scheduled to take effect on Aug. 1.
While 11 other states are considering similar legislation, West Virginia would be the first state in the United States to implement a sweeping food dye ban if Gov. Patrick Morrisey approves the legislation.
I don’t know exactly how this bill will work — and it’s likely our lawmakers don’t either. They regularly pass bills without any thought of how to fund or implement them. For example, House Bill 2515, which would require counties to create alternative learning centers for chronically disruptive students, has advanced to the Senate. The bill, however, has no proposed funding included in it to build the centers or staff them.
If the food dye ban was passed by Congress, obviously it would be a nationwide ban and all food manufacturers would have to stop using the dyes in food sold in America.
But will the Wrigley Company start making natural color Skittles for just West Virginia? Will Mountain Dew Code Red be banned within state lines? Will the Bigley Piggly Wiggly have to stop using rainbow frosting on their cakes?
Some food and drink manufacturers have been speaking out. You can’t turn on the radio without hearing an ad from Americans for Food & Beverage Choice — the group spent more than $19,000 on ads in the last week — speaking out against HB 2354.
And outside of affecting the food available on our grocery store shelves, the bill comes with other serious potential ramifications that seemingly undermine the Legislature’s vow to improve West Virginia’s economy.
The local Pepsi and Coca Cola plants could face layoffs if the bill is passed, according to Donnie Perdue, vice president of the Teamsters local 175 union.
“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.”
I’m not against the dyes being banned — in January, the U.S. Food and Drug Administration banned Red No. 3 from food because it causes cancer in rats, and almost 35 years ago it was banned from cosmetics for the same reason. Food manufacturers have until Jan. 2027 to stop using Red. No. 3, and drug manufacturers have until Jan. 2028. I just don’t understand logistically how this ban on other dyes can work when only one state has banned them.
Chapman explained the bill is important because it will make available foods healthier for families, citing the state’s high obesity rate and a lack of grocery stores.
Some West Virginians don’t have local grocery stores and must shop at Dollar General or Dollar Tree for food. People don’t necessarily want to buy food that’s unhealthy — they’re buying what they can afford.
Will this bill do anything to drop grocery prices on healthier foods, or increase residents’ buying power at the grocery store? Well, no. Quite the opposite, actually.
“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.”
Sen. Jason Barrett, R-Berkeley, has argued that the grocery chain Aldi has banned synthetic colors in its store-brand items, and the store sells its own version of Pop-Tarts without dyes and the product is cheaper than the Kellogg option.
Aldi is a great grocery chain — but there’s only 16 locations in West Virginia. It also carries much fewer options — and name brands — than Kroger, Walmart or Piggly Wiggly.
This bill is a way for lawmakers to make it look like they care about the health of West Virginians without addressing the actual reasons for poor health — poverty, food insecurity, food deserts and expensive health care.Until legislators address those problems, West Virginia will remain the “unhealthiest” state in the country.
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