Virginia House advances bill barring certain food dyes in school food

The House of Delegates unanimously approved a bill prohibiting any public elementary or secondary school from offering school meals that contain certain color additives.

Del. Hillary Pugh Kent, R-Warsaw, is the chief patron of the bill, HB 1910.

The bill directs the Board of Education to update its current nutritional guidelines for “competitive food” or “any food, excluding beverages, sold to students on school grounds during regular school hours that is not part of the school breakfast or school lunch program,” as defined in the Code of Virginia. 

Kent said she was inspired to sponsor the bill two years ago when a friend expressed concern over her son after he started having behavioral problems at school. The friend said her son’s pediatrician advised removing dyes from her son’s diet to see if that would help regulate his hyperactivity in the classroom, and eventually it did.

“So that got me interested as a mom, like oh, let me do some digging on this topic,” Kent said. 

Kent said she researched the scientific and nutritional facts surrounding synthetic dyes to understand their impact better. 

The bill prohibits seven color additives, including Red No. 3, a synthetic dye commonly used in Swedish Fish and Hawaiian Punch, that gives foods and drinks a bright, cherry-red color. The FDA banned it this year after studies found it caused cancer in rats. 

“I think it’s great that the FDA made the stance that they recently made, but realistically, all of them are lumped together,” Kent said.

Several of the other synthetic dyes named in the bill have also been reported to have negative effects on humans. These dyes are typically found in snack foods, candy, processed baked goods, fruit drinks and breakfast cereals. Foods that contain synthetic dyes are also usually high in sugar. 

Kent had a box of Froot Loops and other bright sugary sweets in her office, which she called her “props.” 

During public testimony of the bill, Linda Hawn, a mother who spoke in support, said her son had several negative temperamental reactions to synthetic dyes, including Red No. 40 and Yellow No. 5, which often led to intense emotional outbursts. 

“I think the best thing we can do is give our kids the best chance to succeed, especially when it comes to what we are providing to them,” she said. 

Opposition to the bill was also presented, addressing the potential financial burden that could be placed on schools tasked with finding replacements for foods with color additives.  

Del. Carrie Coyner, R-Chesterfield, said she fully supports the bill. She addressed the concern over its potential costs, stating that Virginia has enormous purchasing power that could be used to effectively support the changes the bill calls for. 

“Trying to find real food that kids can find outside of school breakfast and lunch to model their long-term behaviors,” Coyner said. 

Kent said she’s grateful more people are starting to have conversations about synthetic dyes and their effects – a conversation that she knows parents have been trying to kickstart for a long time. 

“Then hopefully, as it did for my friend’s child, it helps other children to make the choice without having to go to the pediatrician or get medicated for it, but we can just make it natural for them,” Kent said. 

The bill was referred to the Senate Committee on Education and Health and is awaiting a vote.