By Charles Young, WV News
CHARLESTON (WV News) — A national food industry trade group is suing West Virginia over a law banning certain food colorings and preservatives, arguing the measure violates both the state and federal constitutions and oversteps federal regulatory authority.
The International Association of Color Manufacturers filed the lawsuit last week in the U.S. District Court for the Southern District of West Virginia, seeking to overturn House Bill 2354 — legislation enacted earlier this year that restricts the use of several synthetic dyes and preservatives in foods sold in the state.
The law prohibits the use of 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 and preservatives butylated hydroxyanisole (BHA) and propylparaben.
The ban for commercially sold products takes effect Jan. 1, 2028, while a related prohibition on those ingredients in school lunches took effect Aug. 1.
IACM contends the legislation “usurps the power of the U.S. Food and Drug Administration to make food safety decisions, interferes with interstate commerce, and causes economic harm” to member companies and their customers.