By Alan Greenblatt, KFF Health News
When one of Adam Burkhammer’s foster children struggled with hyperactivity, the West Virginia legislator and his wife decided to change their diet and eliminate foods containing synthetic dyes.
“We noticed a change in his behavior, as well as our other children,” said Burkhammer, who has adopted or fostered 10 kids with his wife. “There are tangible effects on real children.”
He turned his personal experience into legislation, sponsoring a bill to ban seven dyes from food sold in West Virginia. The bill was signed into law in March, making West Virginia the first state to enforce such a ban on all food products.
This bill was part of a wave of state initiatives aimed at regulating synthetic dyes. In 2025, around 75 bills targeting food dyes were introduced in 37 states, according to the National Conference of State Legislatures.
The regulation of chemical dyes and nutrition is just one aspect of the broader “Make America Healthy Again” (MAHA) agenda. Led by Health and Human Services Secretary Robert F. Kennedy Jr., MAHA policies have gained significant traction at the state level, with strong bipartisan support. The $50 billion Rural Health Transformation Program, established as part of the GOP’s One Big Beautiful Bill Act, provides incentives to states that implement MAHA initiatives to improve healthcare access in rural areas.
Both federal and state officials are advocating for various health policy changes, including revising vaccination requirements, expanding the use of certain drugs like ivermectin, and addressing issues related to food additives such as synthetic dyes. Several states have introduced legislation targeting vaccines, fluoridated water, and PFAS chemicals, also known as “forever chemicals.”
In addition to West Virginia, six other states have implemented laws or executive orders regarding food dyes, either mandating warning labels on products containing certain dyes or prohibiting their sale in schools. California has had regulations on food dyes since 2023.
Most synthetic food dyes have been in use for many years, with some studies indicating a connection between their consumption and hyperactivity in children. In early 2025, the Food and Drug Administration banned the use of a dye known as Red No. 3. Major food companies like Nestle, Hershey, and PepsiCo have pledged to remove certain color additives from their products within the next couple of years.
John Hewitt, the senior vice president of state affairs for the Consumer Brands Association, anticipates continued momentum in 2026, particularly focusing on ingredient safety and transparency. The association has encouraged its members to voluntarily eliminate federally certified artificial dyes from their products by the end of 2027.
“The state laws are a significant motivator for companies to phase out artificial dyes,” said Jensen Jose, regulatory counsel for the Center for Science in the Public Interest.
Andy Baker-White, the senior director of state health policy for the Association of State and Territorial Health Officials, highlighted the uncommon bipartisan support for legislation addressing food dyes and processed foods. Several conservative states have proposed bills modeled after California’s regulations on food additives.
While Democrats and Republicans have collaborated on some initiatives, Kennedy remains a driving force behind the MAHA agenda. His advocacy has influenced various state actions, such as Texas enacting laws that restrict certain food purchases under the Supplemental Nutrition Assistance Program (SNAP). The U.S. Department of Agriculture has approved waivers sought by six states to limit SNAP benefits for specific items, with 18 states planning to implement similar restrictions in 2026.
Expectations for further developments are high, with the Rural Health Transformation Program offering incentives for states that implement restrictions on SNAP benefits.
“There are tangible effects where the rural health funding incentivizes changes in SNAP eligibility and definitions,” noted Baker-White.
California recently passed a law defining ultraprocessed foods and phasing them out of schools, a move that may be replicated by other states in 2026. The legal battles stemming from such actions are also anticipated, with San Francisco City Attorney David Chiu filing a lawsuit against major food companies for selling products linked to health issues.
Kennedy has attributed chronic diseases to ultraprocessed foods, but there is disagreement among policymakers on which foods to target. While MAHA proponents on the right have not focused as heavily on sugar and sodium, there are divisions between parties on issues like raw milk consumption and saturated fat intake.
Anticipated flashpoints include differing state and federal guidelines on vaccines, with Democratic governors forming a public health alliance to counter federal recommendations. Some states may eliminate vaccine mandates for employees, with Florida Governor Ron DeSantis pushing to end school vaccine requirements.
While Kennedy advocates against artificial dyes, the Environmental Protection Agency’s loosening of restrictions on chemicals and pesticides has sparked concern among MAHA activists, leading to calls for EPA Administrator Lee Zeldin’s removal.
Although Congress has yet to act on most MAHA proposals, state legislators are poised to address many of these issues.
“The American people have lost faith in some federal institutions, such as the FDA or CDC,” said Burkhammer. “States are stepping up to do what is right.”
©2026 KFF Health News. Distributed by Tribune Content Agency, LLC.
