The Green Juice Effect: Why West Virginia’s Food Additive Ban Misses the Point
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West Virginia recently became the first state to pass a sweeping ban on certain artificial food dyes and additives, with many other states introducing similar legislation. Signed into law in March 2025, the bill targets seven synthetic food dyes - Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and Green No. 3 - as well as the preservatives butylated hydroxyanisole (BHA) and propylparaben. These ingredients, commonly found in ultra-processed foods, candies, and beverages, have been flagged by lawmakers as unnecessary and potentially harmful.
The law takes a phased approach. Starting August 1, 2025, schools will be required to eliminate these additives from meal programs, though exemptions exist for fundraisers held off school grounds or outside of school hours. The second phase, which extends the ban to all food sold statewide, is set to take effect on January 1, 2028.
These bills, largely driven by the Make America Healthy Again (MAHA) movement, are positioned as a step toward improving public health. “This will be the start of making our state and our children healthier,” said State Senator Laura Champman. But every time someone asks me whether I think these bans are a positive step, I feel compelled to discuss the topic more broadly. Because the thing is, I'm not necessarily opposed to removing these additives from ultra-processed food (though I do take issue with the misinterpretation of evidence and the way these policies are framed), but that's not the most important question we should be asking.
To explain why, let’s use an analogy.
Imagine I’m working with a 50-year-old woman who feels exhausted, run-down, and generally unwell. After digging into her lifestyle, I learn that she drinks 1-2 bottles of wine every night and gets only about five hours of sleep, largely because of the alcohol but also because she’s working long hours after her boss fired several employees, leaving her to pick up the slack. Then I find out that her boss and the owner of the wine shop where she buys her nightly bottles have teamed up to distract her from the real causes of her health issues. Instead of addressing the overwork and excessive drinking, they convince her that she should start drinking a green juice every day, promising that it will help her feel better.
She then comes to me and asks, “What do you think about the green juice? Do you think it’s a good idea?”
But whether or not I’m pro-green juice is the wrong question. The green juice isn’t going to fix her exhaustion. It won’t measurably improve her health or address the real reasons she feels terrible. And, more importantly, I need her to recognize that the green juice is a deliberate distraction. Her boss and the wine shop owner benefit financially from keeping her locked into unhealthy habits, so they offer up a superficial solution to divert her attention.
That’s how I feel about these food additive bans. They’re the green juice in this story.
The Bigger Picture: What West Virginia's Ban Ignores
West Virginia lawmakers have positioned their food additive ban as a critical health initiative, with one legislator even claiming it may be the most important bill they vote on in their lifetime. But let’s take a step back and look at the bigger picture of public health in West Virginia:
West Virginia consistently ranks among the worst states in the country for public health outcomes. It has the highest obesity rate in the nation, with nearly 40% of adults classified as obese. Obesity is directly linked to chronic diseases such as heart disease and diabetes, both of which are leading causes of death in the state. In fact, West Virginia has the highest diabetes mortality rate in the country and ranks in the top seven for heart disease mortality. Additionally, the state has the third-highest cancer mortality rate, another indicator of deeply rooted public health challenges that go far beyond food dyes.
Beyond chronic disease, the state faces an overwhelming crisis in healthcare access and quality. West Virginia ranks worst in the nation for overall healthcare, with the highest rates of preventable deaths per 100,000 residents. Infant mortality rates are among the worst in the country, and the state leads in drug overdose deaths. Food insecurity is another major concern, with West Virginia ranking eighth in the nation, 12.3% higher than the national average. Meanwhile, the state’s poverty rate is the fourth highest in the country, nearly 34% above the national average, making it even more difficult for residents to afford and access fresh, healthy food.
Given these staggering statistics, banning artificial food dyes is hardly the transformative public health measure lawmakers claim it to be. More importantly, these additives aren’t found in fresh, whole foods, they’re used in ultra-processed, nutrient-poor products that we should be consuming less of in the first place. Swapping Red Dye 40 for a natural alternative like carmine or beet juice in something like Hi-C or Skittles may seem like an improvement, but it doesn’t change the fact that these products remain ultra-processed, high in sugar, and devoid of meaningful nutrition. The real issue isn’t the dyes. It’s the overwhelming presence of highly processed, sugar-laden foods in our food system, making them cheap and accessible while healthier options remain out of reach for many.
If the goal is truly to improve health outcomes, then West Virginia’s leaders should be focusing on meaningful policy changes - expanding access to affordable healthcare, addressing economic disparities, improving food accessibility, and investing in public health programs that tackle the root causes of chronic disease. Instead, they’re choosing to pass performative bans that fail to address the real crisis at hand.
The Need for Smarter Public Health Priorities
This isn’t about being “pro” or “anti” food dye bans. It’s about not letting these performative gestures distract from the systemic changes we actually need. If lawmakers and public health advocates truly want to make a difference, the focus shouldn’t be on banning random ingredients that have been deemed safe by our regulatory agencies, as well as regulatory agencies around the world. It should be on comprehensive policies that tackle the root causes of poor nutrition and health disparities.
West Virginia, and every other state following this trend, has the opportunity to do something far more meaningful. But that would require challenging the industries and power structures that profit from keeping people unhealthy. And unfortunately, it’s much easier to sell the public on green juice.
Seems a bit like rearranging the deck chairs on the Titanic.
Meanwhile, the W. Virginia politicians get to wave their 'Look What We Did' flag. And in a few years when politicians are running again, no one will remember that the ban on food dyes was supposed to improve health, and it didn't. What they should have passed is a law requiring 30 min a day of physical activity in schools, as a first step.
Nobody ever got fat from eating too much food dyes...it's the sugar and refined crap surrounding those villainous dyes!
Such an articulate and well laid-out article, as usual. We've got to start incentivizing whole, plant-based foods instead of targeting specific ingredients. Make the streets bike-friendly, the sidewalks safe, and replace vending machines with baskets of fruit.