Contact:
Sean McBride
202-309-3050
[email protected]
October 6, 2025
(Washington, D.C.) A lawsuit filed today in the United States District Court for the Southern District of West Virginia by the International Association of Color Manufacturers (IACM) asks the court to strike down recently enacted legislation banning certain food colors and ingredients, because it violates the West Virginia and U.S. Constitutions.
IACM contends the West Virginia law usurps the power of the U.S. Food and Drug Administration (FDA) to make food safety decisions, interferes with interstate commerce, and causes economic harm to IACM member companies and their customers, without providing any substantiated or rational basis for classifying covered products as unsafe.
“To protect ingredient manufacturers and food companies, we are asking the U.S. District Court to immediately strike down West Virginia’s flawed ban. The statute arbitrarily and irrationally targets color additives no U.S. agency – state or federal – nor any court has ever found to be unsafe,” said John H. Cox, IACM General Counsel. “IACM strongly supports the continued safe use of all FDA-approved color additives, including FD&C colors, which are among the most thoroughly studied and strictly regulated ingredients in food. West Virginia’s ban isn’t supported by scientific evidence.”
West Virginia’s H.B. 2354, passed by the West Virginia Legislature and signed by Governor Morrisey in March, bans the use of certain food color additives, including FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, FD&C Blue No. 2, and other ingredients in food and beverage products sold in general commerce in the State beginning January 1, 2028.
The food ingredients covered by the new law have been clearly and consistently determined to be safe by the FDA, the European Food Safety Agency, Health Canada, and the FAO/WHO Joint Expert Committee on Food Additives. IACM remains committed to safety and fact-based dialogue with regulators, policymakers, and the public about the use of color additives in the U.S. food supply.
By banning the use of ingredients that have been determined to be safe by numerous food safety authorities around the world, the West Virginia law unnecessarily creates substantial consumer confusion and erodes consumer trust in every company and brand that uses those ingredients in their products in the state and throughout the country.
“Simply stated, bans on FDA-approved food ingredients will make it harder for businesses to operate in West Virginia and other states, as well as increase the cost of food for consumers at a time when grocery prices are already too high,” concluded Mr. Cox.
For more fact-based information on the safety of colors, please explore the following resources:
About IACM
Founded in 1972 by color industry leaders as the Certified Color Manufacturers Association, IACM continues to be a strong voice in support of the safe use of color additives. IACM is the only association representing the interests of the color additives industry, both natural and synthetics, as well as the color user community, on the state, national, and international levels. We are respected by regulatory bodies around the world for our unparalleled knowledge and access to leading scientific researchers and color industry experts. For more information, visit IACMcolor.org.