- Last week, the International Association of Color Manufacturers (IACM) filed a lawsuit challenging West Virginia’s HB 2354.
- HB 2354, which was signed into law in March 2025, bans the use of seven synthetic color additives in food products sold in the state (Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3) along with BHA and propylparaben. A general ban on their use becomes effective on January 1, 2028, while a ban on the use of the synthetic color additives in school nutrition programs is already in effect as of August 1, 2025. The bill exempts persons who sell less than $5,000 per month of food containing the banned additives.
- The lawsuit, which asserts claims for relief under the U.S. and West Virginia constitutions, alleges that the ban on the color additives, among other faults, has no scientific basis, ignores the safety determinations that were made when FDA granted the respective color additive petitions, and offers no new evidence that brings into question the safety of the color additives.
- IACM’s complaint states that IACM has elected not to challenge HB 2354 as to its ban on Red 3 because FDA has already revoked the authorization for Red 3’s use in food (effective Jan. 15, 2027) based on FDA’s interpretation of the Delaney clause of the Federal Food, Drug, and Cosmetic Act (and not a risk to human health).
