CHARLESTON, W.Va. (WSAZ) - The International Association of Color Manufacturers (IACM) sued West Virginia on Oct. 6, saying that the state’s ban on food dyes and additives is unconstitutional.

H.B. 2354 banned a plethora of food dyes and additives, meaning products with them could not be sold in the state, beginning Jan. 1, 2028. It also banned the products from being served to students in schools beginning Aug. 1, 2025.

The bill was passed nearly unanimously through the State House and Senate, and was signed by Gov. Patrick Morrisey in March.

Many common products include the targeted dyes and additives, from candy, gun, and chips, to sodas, cereals, and ice cream.

Specifically, the banned ingredients include: butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue No. 2,

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