With all the food industry chaos taking place in Washington, D.C., here’s something you may have missed that is happening in West Virginia. Lawmakers there are moving forward with House Bill 2354. This bipartisan legislation amends the State Code regarding adulterated foods and drugs, banning specific food additives and dyes in food products sold in the state. Among the banned substances are Red Dye No. 3, Yellow Dye No. 5, Butylated Hydroxyanisole (BHA), Propylparaben, Red Dye No. 40, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3. West Virginia is banning ALL artificial food colors.
The bill passed the House on February 28, 2025, with a 93-5 vote and was introduced to the Senate. Last week, the Senate amended the bill, and now it must return to the House for a vote to concur with the changes. (They are nominal.) If the House passes the amended legislation, it will go to the Governor’s desk to be signed into law. If enacted, the legislation would ban food products containing the colors in school nutrition programs beginning on Aug. 1, 2025, and then extend to ALL food sold statewide on Jan. 1, 2028.
To the best of my knowledge, this is the first ban of artificial food colors for all food sold in a state. This is a HUGE deal.
On a national level, the FDA issued the order to revoke authorization for the use of FD&C Red No. 3 on January 15, 2025. Food and supplement manufacturers that use the dye have until January 15, 2027, to reformulate their products.
This movement will likely continue, state by state. It’s time now to get fake color out of food and beverage.
The Research Chefs Association’s (RCA) Annual Conference and Culinology Expo took place this week in St. Louis. The conference ended on Friday afternoon with a closing keynote session featuring Mike Kostyo, vice president of Menu Matters. He provided insights from a recent consumer survey of more than 2,000 U.S. consumers conducted by Menu Matters at the end of 2024, after the election that is causing all the disruption in D.C. and jeopardizing the safety, cost and availability of nutrition to Americans.
“You’ve seen plenty of lists filled with specific foods, flavors and ingredients that are trending for the year ahead, but what do they mean,” asked Kostyo. “Are they relevant to your business? Will putting them into a product or menu item lead to success?”
He cited the current overkill with “hot honey” everything. He explained how insights from the Menu Matters survey can assist food formulators with innovating in response to trends.
Specific foods, flavors and ingredients are only a part of the process. Speaking to consumers’ need states completes the task.
“Last year ended with a consumer need state of ‘just take care of me.’ This year the data point towards a need state of ‘give me something new,’” he said.
Distraction from what’s going on domestically and abroad is in great need. While 39% of consumers surveyed said they were hopeful heading into 2025, 61% were not. Only 25% were optimistic.
“Something new” is a welcome distraction. But here’s what qualifies for new.
“One in five consumers say there are too many versions of the same product on the store shelf,” said Kostyo. Hello yogurt department!
“Fifty-five percent said that ‘new’ food experiences should feature new or unique ingredients or flavors,” he said. “The consumer need here is for new sensory experiences.”
He provided concepts such as fidget foods, slime and crackling lattes.
The next consumer need state is “give me new ways to value.” While 57% of consumers surveyed prioritize price as value, 43% do not.
“Value is not always about price,” said Kostyo. “Fifty five percent prioritize quality, 34% healthy, 30% convenience and 30% uniqueness.”
A whopping 73% of consumers surveyed said that knowing where ingredients come from increases the value of a product, while 53% say innovation increases the value of the product. The unique and innovation attributes play into the next consumer need state of the desire for products to help them escape from the chaos.
“Seventy percent of consumers said they use foods and beverages as a form of escape,” said Kostyo. “One-third of consumers said that ice cream can be selfcare.”
He encouraged use of the word “escape” in branding and marketing.
“Thirty-seven percent of consumers always or regularly look for foods, flavors and ingredients from a place they’ve visited once they’re back home,” said Kostyo. “They are also looking for new ways to live boldly.”
He provided a number of tips on how to go bold. Link HERE to read more on what consumers want.
He ended with identifying that today’s consumers want to know and experience the human element of food and beverage.
Dairy can do all this and much more! Tell your story. Make the connection.
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