When one of Adam Burkhammer’s foster children began struggling with hyperactivity, the West Virginia lawmaker and his wife decided to change his diet and eliminate all foods containing synthetic dyes.
“We saw a change in his behavior and the behavior of the other children,” said Burkhammer, who has adopted or fostered 10 children with his wife. “It has a real impact on real kids.”
Republicans have turned their experience into legislation, proposing the following bill: Ban 7 types of dyes From food sold in the state. The law became law last March, making West Virginia the first state to impose such a ban on all foods.
The bill was one of numerous government efforts to regulate synthetic dyes. About 75 bills targeting food dyes have been introduced in 37 states by 2025. National Conference of State Legislatures.
Chemical dyes and nutrition are just one part of a broader “Make America Healthy Again” agenda. The MAHA idea, promoted by Health and Human Services Secretary Robert F. Kennedy Jr., has found deepest penetration at the state level, with strong support from Republicans and, in some areas, Democrats. 50 billion dollars Rural Health Innovation Program — Enacted last year as part of Republicans’ One Big Beautiful Bill Act to expand access to health care in rural areas and provides incentives to states that implement MAHA policies.
Federal and state officials are exploring broad health policy changes, including rolling back routine vaccinations and expanding the use of drugs like ivermectin for treatment beyond their approved uses. State lawmakers have introduced dozens of bills targeting PFAS, a group of compounds known as “forever chemicals” that have been linked to vaccines, fluoridated water, cancer and other health problems.
In addition to West Virginia, six other states have targeted food dyes with new laws or executive orders that require warning labels on foods containing certain dyes or ban their sale in schools. California has enacted a law to regulate food dyes starting in 2023.
Most synthetic dyes used for food coloring are for decades. Some clinical studies have compared their use and hyperactivity in children. And in early 2025, the last day of President Joe Biden’s term, the Food and Drug Administration (FDA) ban the use of dyes Known as Red No. 3.
Major food companies including: Nestle, Hershey, Pepsico It has pledged to remove at least some color additives from food over the next year or two.
“We expect the momentum we saw in 2025 to continue in 2026, with a particular focus on ingredient safety and transparency,” said John Hewitt, senior vice president of state affairs for the Consumer Brands Association, a trade group for food manufacturers.
Last summer, the group asked its members to: Voluntarily eliminate federally certified artificial dyes In this product by the end of 2027
“The state law is really incentivizing companies to get rid of the dye,” he said. jensen joseHe is a regulatory advisor to the Center for Science in the Public Interest, a nonprofit health advocacy organization.
Andy Baker-WhiteThe senior director of state health policy at the Association of State and Territory Health Officials said the bipartisan support for legislation targeting food dyes and ultra-processed foods was unusual. Several red states have proposed legislation modeled on California’s 2023 law that would ban four food additives.
“It’s not often that states like California and West Virginia are together on the front lines of an issue,” Baker-White said.
Although Democrats have joined Republicans in some of these efforts, Kennedy continues to push his agenda. He appeared with Texas officials when the state enacted a package of food laws that prohibited individuals participating in the Supplemental Nutrition Assistance Program (SNAP, or food stamps) from using their benefits to buy candy or sugary drinks. Last December, the U.S. Department of Agriculture gave similar approval. Exemptions required by 6 states. Eighteen states plan to block SNAP purchases of these items in 2026.
There will be more. The Rural Health Innovation Program also provides incentives to states that have implemented restrictions on SNAP.
“Rural health funding has a real, concrete effect in providing points for SNAP eligibility or changes to SNAP definitions,” Baker-White said.
Last October, California Governor Gavin Newsom signed the following legislation: Legal definition of ultra-processed foods And we will phase them out of schools. It’s a move that could be emulated by other states in 2026 while also providing material for a legal fight. In December, San Francisco City Attorney David Chiu sued major food companiesIt accuses them of selling “harmful and addictive” products. suit Certain brands – cereal, pizza, soda, potato chips – you name it, have been linked to serious health problems.
There is also Kennedy Blame ultra-processed foods For chronic diseases. But even those who support efforts to address nutrition problems disagree about which foods should be targeted. MAHA proponents on the right are not as focused on sugar and sodium as policymakers on the left. The two parties also butted heads over support from some Republicans. crude oilthat can spread harmful bacteria, saturated fatThis is heart disease.
Policymakers anticipate another flashpoint. movement FDA and Centers for Disease Control and Prevention Making vaccines more difficult to access has led states to find ways to set their own standards separate from federal recommendations, with 15 Democratic governors announcing such measures: A new public health alliance In October. Meanwhile, more red states could repeal vaccine mandates for employees. Made illegal in Idaho. And Florida Governor Ron DeSantis is pushing for: School vaccine mandate abolished.
Despite Kennedy advocating for the elimination of artificial dyes, the Environmental Protection Agency relaxed restrictions On chemicals and pesticides, MAHA activists were led as follows: circulate an online petition He called on President Donald Trump to fire EPA Administrator Lee Zeldin.
Congress has not yet acted on most of the MAHA proposals. But state lawmakers are poised to address many of these issues.
“If we are being honest, the American people have lost trust in some of our federal agencies, including the FDA and the CDC,” said Burkhammer, the West Virginia lawmaker. “We are going to step up at the state level and do the right thing.”
