WV
West Virginia food additive bans
West Virginia HB 2354
In effectEnjoined — watchHB 2354 · HB 2354 (2025) · W. Va. Code § 16-7-2
The broadest state ban to date: seven synthetic dyes plus BHA and propylparaben. The school portion is in effect now. The retail portion (Jan 1, 2028) was preliminarily enjoined in December 2025 on void-for-vagueness grounds; the state is appealing to the Fourth Circuit. Uncertain status — watch it, don't ignore it.
Scope & effective dates
School food
Aug 1, 2025
In effect
Retail sale
Jan 1, 2028
Enjoined — watchPreliminarily enjoined Dec 16, 2025 (S.D. W. Va.) — appeal pending
Covered ingredients (9)
Status history
Feb 2025
Introduced
Mar 2025
Passed legislature
Mar 2025
Signed — enacted
Aug 2025
School provisions in effect
Dec 2025
Retail portion enjoined
Preliminary injunction, S.D. W. Va. — void-for-vagueness challenge by industry plaintiffs. Retail deadline suspended while the order stands.
Jul 2026
WV HB 2354 — appeal briefing completed
Fourth Circuit briefing is complete; the retail injunction remains in effect while the court deliberates. Decision expected fall 2026.
Citations & sources