Bill Text: WV HR4 | 2026 | Regular Session | Introduced
Bill Title: Resolution in Support of Petition to FDA on LED lights.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2026-01-27 - To House Health and Human Resources [HR4 Detail]
Download: West_Virginia-2026-HR4-Introduced.html
HOUSE RESOLUTION 4
(By Delegates Dillon and Kimble)
[Introduced January 27, 2026; Referred to the committee on Health and Human Resources then Rules]
Expressing support of the Soft Lights Foundation's Petition to the U.S. Food and Drug Administration Urging a Report to Congress on the Health and Safety Hazards of Flat Panel LED Lights and Vehicle LED Lights.
Whereas, The Soft Lights Foundation, led by President Mark Baker, has submitted a petition to the U.S. Food and Drug Administration (FDA) pursuant to 21 U.S.C. § 360jj(a)(2) and related statutes, requesting that the FDA conduct studies on the photobiological, neurological, psychological, hormonal, and other health risks posed by flat panel LED lights (including household, indoor, street, and commercial lighting) and vehicle LED lights (including headlights and strobes on emergency, utility, and construction vehicles); and
Whereas, the petition calls for the FDA to submit a comprehensive report to Congress within 365 days detailing these hazards, strategies to minimize exposure and reduce emissions, necessary measures to protect public health, safety, comfort, and civil rights, and opportunities for inter-agency cooperation to establish performance standards; and
Whereas, The petition highlights significant safety defects in LED lighting, such as excessive brightness and glare leading to temporary blindness, halos, afterimages, and increased accident risks; high blue-rich color temperatures that suppress melatonin, disrupt circadian rhythms, and contribute to conditions like obesity, cancer (including breast, thyroid, glioma, leukemia, pancreatic, testicular, ovarian, and eye cancers as noted by the American Medical Association and international associations), cardiovascular diseases, Alzheimer's, and mental health disorders; flickering and pulsing emissions that trigger migraines, seizures, sensory overload, panic attacks, and neurological symptoms; and poor design elements like misalignment, lack of shielding, and over-illumination that exacerbate light pollution and ecological harm; and
Whereas, These defects disproportionately affect vulnerable populations in West Virginia, including individuals with epilepsy, autism, migraines, photophobia, astigmatism, cataracts, post-traumatic brain injuries, long COVID, mast cell activation syndrome, postural orthostatic tachycardia syndrome, and other sensitivities, leading to reduced mobility, social isolation, economic burdens, and violations of rights under the Americans with Disabilities Act by restricting access to public spaces, roadways, and essential services; and
Whereas, The petition cites over 500 incident reports and thousands of peer-reviewed studies demonstrating harms such as eye pain, blurred vision, macular degeneration, retinal damage, headaches with nausea and vertigo, insomnia, inflammation, heart issues, and increased road accidents, particularly in rural areas with low ambient light like those in West Virginia; and
Whereas, The FDA has a legal obligation under the Federal Food, Drug, and Cosmetic Act, the Administrative Procedure Act, and 21 U.S.C. §§ 360ii and 360jj to address these emerging hazards through post-market surveillance, radiation control programs, and collaboration with agencies such as the National Highway Traffic Safety Administration, Consumer Product Safety Commission, Department of Energy, Environmental Protection Agency, Occupational Safety and Health Administration, and Department of Transportation; and
Whereas, The petition proposes practical solutions, including performance standards for brightness limits, warmer color temperatures (≤2,700K-3,000K), flicker-free designs, shielding and diffusers, proper aiming and alignment, dimmable and adaptive features, bans on aftermarket modifications, annual inspections, LED-free zones in sensitive areas like hospitals, unbanning of safer alternatives like incandescent and halogen bulbs, national light pollution laws, recalls, public education, and accommodations for affected individuals; and
Whereas, Inaction by the FDA constitutes arbitrary and capricious conduct under the Administrative Procedure Act, given the documented public health crisis, and supporting this petition aligns with West Virginia's commitment to protecting the health, safety, and well-being of its residents, particularly in communities reliant on safe roadways and accessible public spaces; and
Whereas, West Virginians have reported similar harms from LED lighting, including blinding vehicle headlights on mountainous roads, disruptive streetlights affecting sleep and wildlife, and indoor lighting exacerbating health conditions in homes, schools, and workplaces; Therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby expresses its strong support for the Soft Lights dation's petition to the FDA and urges the FDA to grant the petition by initiating the required studies, preparing and submitting the report to Congress within 365 days, establishing a radiation control program, and collaborating with relevant federal agencies to develop and enforce performance standards for LED lighting to mitigate these hazards; and, be it
Further Resolved, That the House of Delegates calls upon West Virginia's congressional delegation to advocate for the petition's objectives, including any necessary legislative actions to ensure FDA compliance and protect public health; and, be it
Further Resolved, That copies of this resolution be transmitted to the Commissioner of the U.S. Food and Drug Administration, the President of the Soft Lights Foundation, the Governor of West Virginia, and members of West Virginia's congressional delegation.
