2026 Regular Session
HB 4392
Banning certain dyes from pharmaceutical products
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to prohibit the use of certain artificial food dyes – specifically FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6 – in pharmaceutical products. The bill aims to ensure the safety and quality of medications by removing these dyes, which are sometimes used for coloring.
Key provisions
- Bans the use of FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6 in pharmaceutical products.
- Updates the definition of ‘adulteration’ to include these specific dyes.
- Applies to drugs and articles of food sold under recognized names.
- Does not exempt drugs dispensed by licensed healthcare professionals.
- Addresses labeling requirements for mixtures and compounds to ensure transparency.
Who is affected
- Pharmaceutical manufacturers
- Prescription drug users
- West Virginia residents who consume prescription medications
- Pharmacists
- Healthcare providers
Notable changes
- Adds specific dyes to the list of substances considered adulterants in pharmaceutical products.
- Clarifies that the ban does not apply to prescriptions dispensed by licensed professionals.
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