Dive Brief:
- Food dye manufacturers are taking legal action against West Virginia to challenge a state law banning artificial colors in food and beverages.
- The International Association of Color Manufacturers filed a complaint on Oct. 6, arguing that the state’s ban on dyes lacks scientific evidence and violates constitutional rights.
- West Virginia recently passed legislation prohibiting the use of seven synthetic dyes, as well as certain preservatives, starting in 2028.
Dive Insight:
The legal challenge from color manufacturers marks a significant response from the food industry as more states consider restrictions on artificial dyes in alignment with efforts to promote health.
Health Secretary Robert F. Kennedy Jr. has urged the industry to phase out artificial dyes voluntarily by the end of next year, in lieu of a potential ban. The FDA has previously deemed artificial dyes safe, revoking approval only in cases where there is evidence of cancer risk.
With federal regulation lacking, states are taking the lead in implementing bans or regulations. West Virginia’s broad ban on synthetic dyes is a precedent, while Texas has introduced warning labels for products with artificial colors.
As of March, 20 states have introduced nearly 40 bills aimed at regulating artificial colors and additives, according to the National Conference of State Legislatures.
John H. Cox, General Counsel for the International Association of Color Manufacturers, stated that West Virginia’s ban is not based on scientific evidence and is requesting the U.S. District Court to overturn it.
While the food industry grapples with the shift to natural dyes, major companies like WK Kellogg, Kraft Heinz, and Campbell’s are showing willingness to comply amidst consumer pressure.
Martin Hahn, a partner at Hogan Lovells, emphasized the importance of the industry taking a stand against bans and regulations, urging proactive legal action.