HHS Supports State Legislation Banning Harmful Food Dyes From School Lunches in West Virginia

Martinsburg, WV – U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. today joined West Virginia Governor Patrick Morrisey for a press conference at the St. Joseph School in Martinsburg, WV, to celebrate the signing of new legislation banning seven types of harmful food dyes from school lunches beginning August 2025. Governor Morrisey announced at the event that he intends to request a waiver to restrict taxpayer funds from being used to purchase soda through the SNAP program.

“West Virginia is leading the nation in passing a bill to clean up our food supply and submitting a waiver to remove soda from SNAP,” Secretary Kennedy said. “I commend the 24 states pushing MAHA bills to clean up our food system, improve school lunches, submit waivers to SNAP, and promote patient choice. This state leadership adds leverage to the Trump administration’s drive to Make America Healthy Again. I urge every Governor to follow West Virginia’s lead and submit a waiver to the USDA to remove soda from SNAP. If there’s one thing we can agree on, it should be eliminating taxpayer-funded soda subsidies for lower income kids. I look forward to inviting every Governor who submits a waiver to come celebrate with me at the White House this fall. Thank you, Secretary Rollins for your leadership on this vital issue for children’s health.”

In a state that has long faced some of the nation’s most pressing public health challenges, the passage of House Bill 2354 represents a critical and timely advancement in the state’s efforts to promote the health its residents. Beginning January 1, 2028, the bill also prohibits the same seven synthetic dyes—along with the preservatives butylated hydroxyanisole (BHA) and propylparaben—from being included in any food product sold within the state of West Virginia.

“Governor Morrisey is a visionary, and willing to cut through the DC noise to help families move toward healthier behaviors and healthier outcomes,” U.S. Department of Agriculture Secretary Brooke Rollins said. “I look forward to receiving Governor Morrisey’s SNAP pilot request and will work swiftly to make certain West Virginia is equipped with the technical assistance and expertise to move forward. I thank him for being a true partner. Together, we will make America great and healthy again!”

The West Virginia law establishes that the following food additives are hazardous to consume and cannot be used as an ingredient in any food served through a school nutrition program starting August 2025 and in any food product sold starting January 1, 2028:

• Red Dye No. 3
• Red Dye No. 40
• Yellow Dye No. 5
• Yellow Dye No. 6
• Blue Dye No. 1
• Blue Dye No. 2
• Green Dye No. 3

“West Virginia is strongly embracing the Make America Healthy Again movement,” said West Virginia Governor Patrick Morrisey. “We’re getting junk out of our foods, promoting exercise, and putting nutrition back into SNAP. Thank you to Secretary Kennedy and Secretary Rollins for their commitment to ensuring the next generation of Americans lives a healthier and happier life.”

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About HHS: The mission of the U.S. Department of Health and Human Services (HHS) is to enhance the health and well-being of all Americans, by providing for effective health and human services and by fostering sound, sustained advances in the sciences underlying medicine, public health, and social services.