West Virginia Joins Virginia, California in Banning Certified Color Additives in Schools

The same law also bans the certified color additives named above in any meal served in a school nutrition program by August 1, 2025. There is a limited exemption for foods sold as part of off-premise school fundraising events or fundraising events held 30 minutes after the end of the school day.

West Virginia joins Virginia and California in banning certified color additives in schools. Last week, Virginia’s Governor signed a similar law banning the same FDA certified color additives as part of a school meal or any competitive food. Virginia’s law, however, does not become effective until July 1, 2027 providing more time for companies to reformulate their products. There are no provisions for fundraising or off-premise activities under the Virginia law. California banned Red Dye No. 3, potassium bromate, brominated vegetable oil and propylparaben statewide in 2023, with a January 1, 2027 compliance date. California’s school meals ban, eliminates the remaining certified food dyes in school meal programs by December 31, 2027.

IDFA continues to monitor more than 100 bills nationwide targeting additives and ingredients used in food, working with members and allies to improve bills where possible. At the same time, a growing patchwork of state laws aimed at school nutrition will make it more challenging for dairy companies to sell their products region-wide and/or nation-wide.

IDFA recognizes that the vast majority of dairy products sold to schools today do not contain any certified artificial colors, as most dairy processors chose not to use or have removed or replaced these ingredients. As the federal government and state governments continue to take aim at certified artificial colors—primarily Red 3, Red 40, Green 3, Blue 1, Blue 2, and Yellow 5 and Yellow 6—IDFA is discussing with companies their interest in joining an IDFA-led, voluntary commitment to end the use of any existing certified artificial colors in milk, cheese, and yogurt products sold to K-12 schools for the National School Lunch Program and School Breakfast Program. While dairy products containing certified artificial colors are limited, reformulating will preserve this business and ensure dairy companies and distributors can continue to provide wholesome, nutritious milk, cheese, and yogurt products to the 30 million children who rely on school meals every day.

If you have questions about these state bans, or if your company is interested in working with IDFA to end the use of certified artificial colors—primarily Red 3, Red 40, Green 3, Blue 1, Blue 2, and Yellow 5 and Yellow 6—specifically in dairy foods sold to K-12 schools, please contact IDFA’s Matt Herrick (mherrick@idfa.org) or Danielle Quist (dquist@idfa.org).