States Take the Lead in Regulating Synthetic Dyes and Promoting Healthy Food Options
When one of Adam Burkhammer’s foster children struggled with hyperactivity, the West Virginia legislator and his wife decided to alter their diet and remove any foods that contained synthetic dyes. This personal experience led to a remarkable turnaround in the child’s behavior, and Burkhammer soon discovered that he was not alone in his concerns. As a result, he sponsored a bill to ban seven dyes from food sold in the state, which became law in March, making West Virginia the first state to institute such a ban from all food products.
The bill was among a slew of state efforts to regulate synthetic dyes, with roughly 75 bills aimed at food dyes introduced in 37 states in 2025, according to the National Conference of State Legislatures. This movement is part of the broader “Make America Healthy Again” (MAHA) agenda, promoted by Health and Human Services Secretary Robert F. Kennedy Jr. The MAHA ideas have gained significant traction at the state level, with strong support from Republicans and, in some cases, Democrats. The $50 billion Rural Health Transformation Program, created as part of the GOP’s One Big Beautiful Bill Act, offers incentives to states that implement MAHA policies.
Chemical Dyes and Nutrition: A Growing Concern
Federal and state officials are seeking a broad range of health policy changes, including rolling back routine vaccinations and expanding the use of drugs such as ivermectin for treatments beyond their approved use. State lawmakers have introduced dozens of bills targeting vaccines, fluoridated water, and PFAS, a group of compounds known as “forever chemicals” that have been linked to cancer and other health problems. In addition to West Virginia, six other states have targeted food dyes with new laws or executive orders, requiring warning labels on food with certain dyes or banning the sale of such products in schools.
Major food companies, including Nestle, Hershey, and PepsiCo, have pledged to eliminate at least some color additives from food products over the next year or two. This shift is largely driven by state laws, which are motivating companies to get rid of dyes. According to Jensen Jose, regulatory counsel for the Center for Science in the Public Interest, “The state laws are really what’s motivating companies to get rid of dyes.” The Consumer Brands Association, a trade group for food manufacturers, has also called on its members to voluntarily eliminate federally certified artificial dyes from their products by the end of 2027.
A Bipartisan Effort to Promote Healthy Food Options
The bipartisan support for bills targeting food dyes and ultraprocessed food is unusual, with several red states proposing legislation modeled on California’s 2023 law, which bans four food additives. Andy Baker-White, the senior director of state health policy for the Association of State and Territorial Health Officials, notes that “It’s not very often you see states like California and West Virginia at the forefront of an issue together.” Although Democrats have joined Republicans in some of these efforts, Kennedy continues to drive the agenda, promoting restrictions on SNAP purchases and advocating for the elimination of artificial dyes.
The Rural Health Transformation Program also offers incentives to states that implement restrictions on SNAP, which has led to a wave of new laws and executive orders. In December, the U.S. Department of Agriculture approved similar waivers sought by six states, and 18 states will block SNAP purchases of certain items in 2026. California Gov. Gavin Newsom signed a bill that sets a legal definition for ultraprocessed foods and will phase them out of schools, a move that may be copied in other states in 2026.
Challenges and Controversies Ahead
While there is growing momentum behind the efforts to regulate synthetic dyes and promote healthy food options, there are also challenges and controversies ahead. Kennedy has blamed ultraprocessed foods for chronic diseases, but even proponents of these efforts don’t agree on which foods to target. The parties have also butted heads over some Republicans’ championing of raw milk, which can spread harmful germs, and the consumption of saturated fat, which contributes to heart disease.
Policymakers expect other flashpoints, including moves by the FDA and the Centers for Disease Control and Prevention that are making vaccine access more difficult. Blue states may find ways to set their own standards apart from federal recommendations, while red states may eliminate vaccine mandates for employees. As Burkhammer notes, “If we’re honest, the American people have lost faith in some of our federal institutions, whether FDA or CDC. We’re going to step up as states and do the right thing.”
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