On March 24, 2025, Patrick Morrisey, the West Virginia Governor, approved HB 2354 which deems an article of food adulterated if it contains any of the following substances effective January 1, 2028:
- Butylated hydroxyanisole (BHA)
- Propylparaben
- FD&C Blue No. 1
- FD&C Blue No. 2
- FD&C Green No. 3
- FD&C Red No. 3
- FD&C Red No. 40
- FD&C Yellow No. 5
- FD&C Yellow No. 6
The law also prohibits the above colorants in any meal served in a school nutrition program effective August 1, 2025.
Reminder: California passed AB 418 in 2023, prohibiting Red dye 3, Brominated vegetable oil, Potassium bromate, and Propylparaben in food effective January 1, 2027. The FDA has also banned Red dye 3 in food and drugs effective January 15, 2027 and January 18, 2028 respectively.
Link:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2354&year=2025&sessiontype=RS
How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or visit: www.cps.bureauveritas.com
25B-033
Download West Virginia Food Regulatory Update
DOWNLOAD