CHARLESTON, W.Va. 鈥 Synthetic dyes used to make brightly colored cereals, drinks and candies are coming under scrutiny in states across the country, where lawmakers say the federal government has stalled in taking action despite evidence of harmful effects.
A GNT employee deposits carrot extract on to a spoon at their offices July 29, 2015, in Tarrytown, N.Y.聽
West Virginia, which ranks at the bottom in the U.S. for many health metrics, became the first to sign a sweeping statewide ban on seven such dyes last week. Lawmakers in more than 20 states 鈥 from deep red West Virginia to heavily Democratic California 鈥 are making a bipartisan push to restrict access to the dyes, which have been tied to neurobehavioral problems in some children and of which U.S. Health and Human Services Secretary Robert F. Kennedy Jr. has been an outspoken critic.
鈥淲e should not be forced to police our own foods,鈥 said Republican Sen. Laura Wakim Chapman, who heads the Senate's health committee and told lawmakers the vote might be the most important of their political careers. 鈥淣o more toxic colors, no more poisoning ourselves and our children. No more unnecessary risks. Our health is not for sale."
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West Virginia Attorney General Patrick Morrisey speaks during a news conference at the state Capitol on May 4, 2023, in Charleston, W.Va.
In signing the bill, Republican Gov. Patrick Morrisey referenced Kennedy's slogan in saying, 鈥淭here鈥檚 no better place to lead the Make America Healthy Again mission."
The prohibition on certain preservatives and red, blue, green and yellow dyes takes effect for school food in August, and across the state in 2028. It follows narrower bills approved in California last year and Virginia last week that would ban six artificial dyes from being served in public schools beginning in 2027.
Thirty-six color additives are approved by the Federal Drug Administration for use in food and drinks in the U.S. Nine petroleum-based chemical dyes, including Red 3, have been allowed in U.S. food.
Public health advocates have been lobbying for state and federal action for years, pointing to research that links food dyes and other chemical additives to health risks, including exacerbating symptoms of attention deficit hyperactivity disorder in some children and animal research linking certain additives to cancers.
The European Union and some countries, including Australia and Japan, have banned or restricted the use of certain food dyes because of potential health risks.
In October, dozens of protesters outside the Michigan headquarters of WK Kellogg Co. demanded that the company remove artificial dyes from cereals such as Apple Jacks and Froot Loops. Kellogg announced that it would remove artificial colors and ingredients from its U.S. products by 2018, but never did so, despite making the change in other countries, such as Canada, where Froot Loops are colored with concentrated carrot juice, watermelon juice and blueberry juice.
Boxes of Kellogg's Fruit Loops cereal are displayed in a Target store in Pittsburgh.
The U.S. Food and Drug Administration banned Red 3 from the nation鈥檚 food supply in January, setting a 2027 deadline for manufacturers to eliminate it from their products. Makers of ingested drugs like cough syrups have until January 2028.
The National Confectioners Association, a trade group for chocolate, candy, gum and mints sellers, said the new regulations will make food more expensive and less accessible, and will lead to less variety on grocery store shelves. It said states such as West Virginia, where 1 in 4 children live in poverty and many neighborhoods are 鈥渇ood deserts鈥 with limited access to affordable, nutritious food, will be disproportionately impacted.
Charles Leftwich, vice president of food safety and quality assurance for Sysco Corp., the world鈥檚 largest food service distributor, said food safety policies should be supported by science and 鈥渂e consistently applied across all geographies.鈥
鈥淲e shouldn鈥檛 have a fragmented approach when it comes to food safety, because it breeds a lack of trust and confidence with consumers,鈥 Leftwich said in an interview with The Associated Press.
Can a color kill you? It might sound crazy 鈥 but there's a good reason the FDA has banned Red Dye No. 3...
School districts in West Virginia have begun phasing out breakfast cereals, strawberry milk and other products in anticipation of the new law's August deadline.
Chris Derico, who runs Harrison County's school nutrition program, expects the new regulation to increase costs but said he's not 鈥渋n panic mode about it鈥 because none of the products containing the artificial dyes are used in main dishes served to students.
Travis Austin, who leads food service in the Cabell County Schools system, called the policy 鈥渁 step in the right direction鈥 and said it will be up to manufacturers to rework their formulas to remain competitive.
鈥淚t鈥檚 all about money,鈥 he said. 鈥淚f Froot Loops and Lucky Charms aren鈥檛 going to change their formulations, then we鈥檙e not going to buy them. We鈥檒l buy ones that do.鈥
Lawmakers in West Virginia, which leads the nation in chronic diseases such as obesity, noted that the dyes are often found in sugary foods.
When the bill passed the state Senate, sponsor Jason Barrett said West Virginia was the first state to approve such a sweeping law but won鈥檛 be the last. He cited a bill advancing in Oklahoma that would ban 21 synthetic food dyes and additives.
He said companies prey on low-income consumers and children.
鈥淲ith passage of this bill, we are saying to big food corporations that the health of our people comes first,鈥 he said.
From added sugar to sodium, here's how US dietary recommendations have changed over the last 50 years
From added sugar to sodium, here's how US dietary recommendations have changed over the last 50 years
More than 30 million school-aged children's menus will change in fall 2025 to reflect the latest dietary guidelines recommended by the U.S. government. Their new fare will limit added sugars in cereals and yogurts鈥攊ncreasingly over time鈥攁nd reduce sodium in school breakfasts by 10% and lunches by 15% starting July 1, 2027.
"Like teachers, classrooms, books, and computers, nutritious school meals are an essential part of the school environment, and when we raise the bar for school meals, it empowers our kids to achieve greater success inside and outside of the classroom," Agriculture Secretary Tom Vilsack said in a statement announcing the change.
The government didn't make these changes willy-nilly. The Department of Agriculture's latest bid to make school lunches healthier was shaped by the ever-evolving Dietary Guidelines for Americans, a document published every five years by the departments of Agriculture and Health and Human Services after careful consideration by the nongovernmental advisory panel. These influence the diets of 1 in 4 Americans who eat from the menus in schools, prisons, military bases, and other federal food programs. The two agencies have collaborated on guidelines since 1980. The next update is due in 2025.
Before these guidelines evolve yet again, partnered with to see how U.S. dietary guidelines have changed鈥攁nd if they've stood the test of time鈥攗sing historical documents, academic research, and news articles.
Nutritional nudges encourage more evidence and less fad diets
The guidelines were established for good reason: A cacophony of conversation around fad diets and what's healthy left Americans confused about what information to believe when they're in the grocery aisle.
Long before the public was captivated by social media influencers offering tips and advice on nutrition and savvy marketing campaigns by food manufacturers themselves鈥攏utritional campaigns like the food wheel of the '80s and the food guide pyramid of the '90s helped ordinary people perceive the healthiness of food.
Over time, the guidelines have become stricter and more detailed, while its authors try to make them more accessible for the average person. They no longer recommend specific nutrients but rather try to take a holistic view of the food and beverages, knowing people often consume the same ones again and again over many meals.
Despite shifting approaches over the decades, what's stayed the same is the constant debate and varying opinions among experts. Though guidelines have been available for decades, Americans' diets still don't get a passing grade. "It's pretty self evident that the guidelines have done nothing to prevent our country's epidemics of obesity and diabetes," Nina Teicholz, executive director of the Nutrition Coalition, told .
1980: Avoid sugar and high-fat foods
The early days of the guidelines left much up for interpretation: "Avoid too much sugar鈥void too much fat, saturated fat, and cholesterol," without giving Americans a yardstick of how much "too much" was. The 1980 guidelines say the health hazard inherent in excessively eating sugar is tooth decay, and disputes it causes diabetes, heart attacks, or blood vessel diseases.
While a diet with excess sugar doesn't directly cause these conditions, we now know it , according to a review of scientific literature focused on Americans published in a 2019 issue of the Polish Journal of Food and Nutrition Sciences. Research published in BMC Medicine in 2023 found that more sugar also led to and stroke, while an umbrella review of meta-analyses published in 2023 in the British Medical Journal reported it could and some cancers.
In 2020, the guidance limits added sugars and saturated fats to a maximum of 10% of one's daily calorie intake starting at age 2鈥攁 change carried over from the 1990 edition.
1985: Eat foods high in starch and fiber
In 1985, Americans were encouraged to maintain a "desirable weight" rather than the "ideal" one promoted in 1980. Foods high in starch, like bread, dry beans, peas, and potatoes, were highlighted over sugars as being healthy sources of nutrients. It also promoted consuming carbs for those looking to lose weight because it had about half the calories of fats.
Starchy foods can contribute to weight loss and better health, but we now know not all are created equal. A 2024 study in Nature Metabolism noted that naturally occurring "resistant starch," which the body can't convert to energy and thus passes through and out of the digestive system, is proven to and curb weight. It can be found in foods like oats, whole grains, and legumes.
1990: Balance food intake with physical activity
The 1990 nutrition guidelines were the first to directly address weight by sharing the latest research on the impacts of where body fat is stored and its links to health risks while also addressing excessive thinness.
Balancing food intake with physical activity became more apparent with the passing of the Nutrition Labeling and Education Act in 1990, implemented in 1994. It required nearly all packaged and processed foods to show their ingredients and how their portions make up someone's daily calories. This helped Americans navigate which nutrients were and weren't found in their foods.
1995: Follow the food pyramid
In the era of waif models appearing on TV, the nutrition guidelines focused more on recommending food items instead of particular nutrients. They became more precise with the introduction of the food guide pyramid graphic. Five food groups comprise the pyramid and make up a daily healthy diet, with grains as the foundation. The guidelines suggested 6 to 11 servings a day, followed by other food groups in lesser portions: vegetables (3 to 5 servings), fruits (2 to 4 servings), dairy (2 to 3 servings), meat and beans (2 to 3 servings).
The pyramid became widely known, but based on today's nutritional science, promoting high-carbohydrate servings and offering low-level guidance on which types of meat, dairy, and fats to choose made the popular food pyramid somewhat of a passing phenomenon.
These evolutions in eating recommendations still did little to clarify what is healthy. In a 1996 survey by the major contributor to the nutrition guidelines, the USDA, over strongly agreed that "there are so many different recommendations about healthy ways to eat, it's hard to know what to believe."
2000: Eat whole grains
Once again, the 2000 dietary guidelines shifted Americans' perceptions of food. The biggest portion of the food pyramid now came with the new recommendation to especially eat "whole" grains" rather than "refined grains." Whole grains like brown rice, whole oats, bulgur, and pearl barley provide more fiber and nutrients than nonwhole grains. Eating whole grains is also a strategy to feel fuller with lower calories, according to the guidelines.
The 2020 recommendations highlighted the benefits of whole-grain foods, which have been shown to improve overall health and affect obesity, diabetes, and cardiovascular diseases. This research is encapsulated in a 2022 published in the Foods journal.
2005: Eat 2,000 calories a day
Finally, in 2005, Americans were given an average caloric yardstick of 2,000 daily calories consumed to help make healthier choices and simplify understanding nutrition labels. The guideline's footnotes note that the 2,000-calorie food guide is only appropriate for sedentary males 51-70 years old and sedentary females aged 19-30 years old. The guide also tailored offers for people by gender, age, and activity level.
The nuanced language and approach in 2005's guidelines reflected the advisory committee's more formal, systematic approach, which catered to policymakers, health care professionals, and nutritionists rather than the general public.
Though they thought that by appealing to nutrition professionals, their message would trickle down to the public, there were still gaps in communication. The 2,000-calorie guideline has been criticized for being a one-size-fits-all solution that could actually lead to weight gain.
2010: Limit trans fats
In 2010, a year after a was proposed to categorize foods by how much they have been processed, the guidelines recommended keeping trans fatty acids (which are formed during food processing) as low as possible to decrease the risk of chronic disease. These guidelines went to lengths to describe the various types of fats, including trans fats that are usually solid at room temperature.
Trans fats are still considered to be the worst type of fat, increasing the risk of heart disease by increasing "bad" cholesterol. The World Health Organization has called for a global, total ban on industrially produced trans fats by 2025, noting that the substance is responsible for premature due to coronary disease.
2015: Consider a Mediterranean diet
In 2015, the guidance prompted Americans to consider eating like a person in a Mediterranean country. This edition moved away from a focus on individual food groups and nutrients and instead shifted the emphasis on eating patterns or the combination of foods consumers typically eat. In addition to the U.S.-style pattern based on the USDA food patterns presented in the 2010 edition, the agencies added two other examples: the Mediterranean-style diet and vegetarian versions, which are meant to give Americans examples of healthy eating styles based on personal and cultural preferences.
The Mediterranean diet includes more fruits and seafood and less dairy than the average U.S. diet. It's still considered to be a healthy diet with its , according to a study in the Mayo Clinic Proceedings published in 2023 and an 鈥攑arts of the world where people live longer and healthier lives鈥攑ublished in a 2024 issue of the Endocrine, Metabolic & Immune Disorders - Drug Targets journal.
2020: Try the MyPlate Plan
The introduction of the MyPlate Plan in 2020 aimed to help Americans identify foods that fit their lifestyles and life stages while being high in nutrients and weeding out those with tokenistic
amounts of nutrition.
The guidelines recommend limiting or avoiding added sugars, saturated fats, and sodium. Aside from the recommendations for what to exclude, most of the guidance hones in on what to add to diets. It also acknowledges that dietary patterns should shift with age and budget.
The latest guidelines in 2020鈥攁 year the world was in the throes of the COVID-19 pandemic鈥攄id not come without controversy, however. Critics raised concerns about the fact that more than half of panel members had ties to the food industry. Others noted that questions about red meat and salt consumption were omitted. There were also no planned discussions of sustainability due to complaints from the livestock industry.
Despite these issues, health professionals continue to advocate for simpler maxims鈥攐nes that people could actually remember and put into practice. New York University nutrition expert Marion Nestle, who served on the 1995 advisory panel, told The New York Times, "In my view, the advice is the same: Eat your vegetables, don't gain too much weight, and avoid junk foods with a lot of salt, sugar, and saturated fat."
Story editing by Carren Jao. Additional research by Elena Cox. Additional editing by Kelly Glass. Copy editing by Kristen Wegrzyn.
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