The representative of food dye manufacturers is suing the state of West Virginia in an effort to overturn a state law that bans artificial colours in food and beverages.
The International Association of Color Manufacturers (IACM) is seeking to strike down the recently enacted legislation, claiming it “violates the West Virginia and US Constitutions”, it said in a statement.
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IACM added that the West Virginia law “usurps the power of the US Food and Drug Administration (FDA) to make food safety decisions”, and “interferes with interstate commerce”, causing economic harm to IACM member companies and their customers “without providing any substantiated or rational basis for classifying covered products as unsafe”.
The West Virginia legislation was passed in March but won’t be fully implemented in the state until the start of 2028.
The new law looks to ban the use of certain food colour 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, as well as other ingredients in food and beverage products sold in the state.
The food ingredients covered by the new law have been determined to be safe by the FDA, the European Food Safety Agency, Health Canada, and the FAO/WHO Joint Expert Committee on Food Additives, according to the IACM.
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By GlobalDataBy banning the use of ingredients that have been determined to be safe by numerous food safety authorities around the world, IACM claims that the West Virginia law “unnecessarily creates substantial consumer confusion”.
It also “erodes consumer trust in every company and brand that uses those ingredients in their products in the state and throughout the country”, the colour association added.
The IACM said that it remains committed to safety and “fact-based dialogue” with regulators, policymakers, and the public about the use of colour additives in the US food supply.
John Cox, IACM’s General Counsel, said in the same statement: “To protect ingredient manufacturers and food companies, we are asking the US District Court to immediately strike down West Virginia’s flawed ban.
“The statute arbitrarily and irrationally targets colour additives no US agency – state or federal – nor any court has ever found to be unsafe.
“IACM strongly supports the continued safe use of all FDA-approved colour additives, including FD&C colours, which are among the most thoroughly studied and strictly regulated ingredients in food. West Virginia’s ban isn’t supported by scientific evidence.”
Cox added: “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.”
