Lobbyists for the food and beverage industry are fighting a bill that would ban synthetic dyes in food, paying thousands of dollars for ads that say it will and result in empty grocery store shelves. Sixty percent of grocery products could be pulled, they say.
Republicans behind the legislation say the food industry is using scare tactics and Ƶchoosing poison over profit.Ƶ
ƵIf you canƵt make a product that doesnƵt poison children, then donƵt put it on our shelves. I think thatƵs the message weƵre sending,Ƶ said Sen. Jason Barrett, R-Berkeley.
The measure, , would ban a list of artificial colorful dyes in foods sold in West Virginia stores and in school meals by 2028. Bill supporters say the synthetic dyes, like Red No. 3, are unnecessary, dangerous and the cause of some . There are natural and safer alternatives, they say.
The House of Delegates and Senate had l with bipartisan support, then the House the measure Thursday, removing language that would have penalized anyone who was selling a food item under $5,000 that contained the banned dyes.
ƵI want to make sure that Toby and Edith arenƵt prosecuted for selling something at a bake sale,Ƶ said Delegate Evan Worrell, R-Cabell.
The Senate has to sign off on the HouseƵs changes before it would head to Gov. Patrick MorriseyƵs desk for consideration. Barrett, who has spearheaded efforts on the bill , expects his colleagues, then Morrisey to approve it. It would make West Virginia the first state in the nation to pass a sweeping ban on food dyes.
ƵIƵm confident that heƵs going to sign the bill,Ƶ Barrett said.
Americans for Food & Beverage Choice is pushing for Morrisey to veto the bill should it reach his desk. The group has spent more than $19,000 in radio ads in the last week, according to filings with the Federal Communications Commission, and theyƵre expected to spend more on ads in the coming days. A text message ad campaign is underway, as well.
The radio ads say that politicians go Ƶway too farƵ with this ban and that there are more sensible solutions.
ƵThis is a law that would impact six in 10 grocery store items, effectively making them illegal. It will lead to higher prices, fewer choices and empty shelves,Ƶ said Stacie Rumenap, spokesperson for Americans for Food & Beverage Choice. ƵThe alternative ingredients simply donƵt exist to scale.Ƶ
The West Virginia Beverage Ƶsociation also opposes the legislation, saying the supply of alternative colors simply does not exist and will take years to catch up.
ƵThis bill will only succeed in one thing: emptying grocery store shelves over ingredients that are proven safe and approved worldwide Ƶ We ask Gov. Morrisey to veto this misinformed bill and protect our economy and West VirginiansƵ freedom to decide whatƵs best for their family. LetƵs work together on pragmatic solutions to address these concerns,Ƶ they group said in a statement.
A West Virginia nutrition director that the ban would affect only about 30 items currently offered in schools.
Rumenap said the bill also puts jobs at risk due to its potential major disruption to food suppliers.
Donnie Perdue, vice president of the Teamsters local 175 union, said the bill would result in layoffs at all Pepsi and Coca Cola facilities represented by Local 175.
ƵBoth Pepsi and Coke have said the dye bill would cause a 50% decrease in their current inventory levels,Ƶ he said. ƵThere has been no economic analysis done to actually see what the impact would be if all these drinks and food is banned from West Virginia Ƶ The states that border West Virginia will be the only winners with this bill as West Virginians travel to their state to get their favorite drinks and food because we no longer have them.Ƶ
Health and Human Services Secretary Robert F. Kennedy Jr. this week that removing artificial food dyes is an urgent priority. Ƶ dozens of states are considering legislation to ban food dyes, Barrett said he is Ƶvery confident that the Ƶno food on the shelvesƵƵ argument is a scare tactic.
ƵSome of these big manufacturers like the American Beverage Ƶsociation are saying, ƵWeƵre gonna pull these products off the shelf.Ƶ Well, good. ThatƵs what weƵre trying to do,Ƶ Barrett said.
He notes that Aldi, which in its store-brand items, sells its own version of Pop-Tarts without dyes and its product is cheaper than the Kellogg option. Watermelon juice can be used to color food instead of a synthetic dye.
Delegate Marty Gearheart, R-Mercer, spoke against the measure, saying it removes his ability to choose a product thatƵs been approved by the Federal Drug Administration. Products like Gatorade could be pulled from the shelves, he said.
ƵTheyƵre simply not going to ship that product to our state,Ƶ he said. ƵIt appears to me Ƶ that we want government to do for us and for our children what we wonƵt do ourselves, and that is restrict consuming.Ƶ
Worrell, who prioritized the bill as House Health Chair, said it was unfortunate that lawmakers had to step in to regulate food.
ƵI donƵt want to run bills like this. I wish we could trust our manufacturers not to put poison in our food,Ƶ he said. ƵThey have chosen these poisonous chemicals to make a dollar because we allow this. TheyƵre allowed to do this cheaper.Ƶ
MorriseyƵs spokesperson didnƵt return a request for comment for this story.
