CHARLESTON, W. VA. — West Virginia stands on the verge of banning the sale within the state of food items containing certain synthetic colors. Both the House of Representatives and the Senate in West Virginia have passed versions of a bill to do so. Other states are considering similar bills.

House Bill No. 2354, introduced in West Virginia on Feb. 13, seeks to prohibit the sale of any food product in the state that contains Red No. 3 or No. 40, Yellow No. 5 or No. 6, Blue No. 1 or No. 2, or Green No. 3. The bill passed in the House by a vote of 93 to 5, with two representatives absent, on Feb. 28. On March 5, an amended bill passed in the Senate by a vote of 31 to 2, with one absent. The House passed the Senate’s amended bill by a vote of 79 to 17, with four absent, on March 13.

If enacted, the legislation would ban food products containing the colors in school nutrition programs beginning on Aug. 1, 2025, and then extend to all food sold statewide on Jan. 1, 2028, said Claudia Lewis, a partner with Venable LLP.

Supporters of the bill cite potential health issues such as hyperactivity in children.

California already has acted on food colors. Legislation in 2023 banned the sale within the state of food products containing Red No. 3, brominated vegetable oil, potassium bromate and propylparaben, effective Jan. 1, 2027. The California Food Safety Act bans the inclusion of six synthetic dyes in food products served in public schools in the state beginning Dec. 31, 2027.

Other states are introducing similar bills. In Florida, for example, House Bill No. 641 seeks to mandate a warning on food products containing any synthetic color additive, including Blue No. 1 or No. 2, Green No. 3, Red No. 40, Yellow No. 5 or No. 6, or titanium dioxide. Under the bill, the warning would state “this product contains synthetic colors, which may have an adverse effect on activity and attention in children.”

In Oklahoma, Senate Bill No. 4 seeks to ban the sale in the state of food containing any one of 21 ingredients, including Blue No. 1 or No. 2, Green No. 3, Red No. 3 or No. 40, Yellow No. 5 or No. 6, or titanium dioxide.