West Virginia is banning seven artificial food dyes, including Red No. 40, in the most sweeping state level food dye ban in the U.S.

House Bill 2354, which would ban the sale and manufacture of foods containing certain food dyes or preservatives in West Virginia.

A 2021 review of scientific studies by California state scientists concluded that consuming the dyes may increase hyperactivity and other behavioral problems in some children. The F.D.A. has maintained that food dyes (with the exception of Red No. 3) are safe when used according to regulations.