Governor Patrick Morrisey faces perhaps the first major political test of his term, centered on a classic policy debate: the government’s interest in ensuring public health versus individual consumer choice.

At the heart of the matter is HB 2354, a bill that seeks to ban several food additives, including butylated hydroxyanisole, propylparaben, and multiple FD&C color additives. If signed into law, the bill would prohibit the sale of products containing these substances in West Virginia beginning January 1, 2027. The legislation now awaits the Governor’s signature.

Supporters argue that HB 2354 aligns with President Trump’s “Make America Healthy Again” (MAHA) initiative and would force manufacturers to reformulate their products for the betterment of consumers. Lead sponsor Delegate Adam Burkhammer recently told the Daily Caller that these additives are “poison.” Delegate Evan Worrell expressed frustration with the Governor’s – real or perceived – hesitancy, stating, “I don’t know what his (Morrisey’s) hang-up is… This is an easy win. And I’ve texted him that. I said, ‘This is easy. You get out there and say you’re supporting the MAHA movement.’”

Opponents, however, warn that approximately 60 percent of grocery store items could be affected by the ban, according to research from the Journal of the Academy of Nutrition and Dietetics. They caution that the bill could lead to increased food prices and potential job losses in the state.

Now that the bill has completed the legislative process, Governor Morrisey has five days (once received) to either sign it, veto it, or allow it to become law without his signature. While the bill’s final passage, specifically in the House, saw a diminished margin compared to earlier votes, the Republican majority in both chambers could easily override a veto with a simple majority vote.

Capitol scuttlebutt suggests the Governor is not a proponent of the legislation but may prefer to avoid an early confrontation with the legislature, especially given West Virginia’s strong support for Donald Trump’s policies. A first-term governor having his veto overridden so early in office could be politically damaging. This leaves the option of allowing the bill to become law without his signature, a move seen as the safest political route.

The potential backlash? Traditional conservatives and business advocates, including the American Beverage Association, argue that government should not dictate manufacturing decisions or restrict consumer choice. They are urging the Governor to veto the bill, banking on opposition from those who see the legislation as government overreach.

What action will Governor Morrisey ultimately take? Which camp is stronger, MAHA or traditional conservatives and pro-business groups? How will the reckoning of this issue affect the rest of the session, if at all?

All remains to be seen, but we should know more this week.

Editor’s Note: HB 2354 would ban Red Dye 3, Red Dye 40, Yellow Dye 5, Yellow Dye 6, Blue Dye 1, Blue Dye 2, and Green Dye 3 effective August 1, 2025 as an ingredient in any meal served in a school nutrition program. Further, “an elementary, middle, or high school may permit the sale of food items that do not comply… as part of a school fundraising event if the sale of those items takes place off of and away from school premises or the sale of those items takes place on the school premises at least one-half hour after the end of the school day.”