A Democrat-aligned activist federal judge has blocked portions of a West Virginia law designed to crack down on artificial food dyes that have been linked to developmental and behavioral issues in children.
U.S. District Judge Irene Berger, a Barack Obama appointee, issued a preliminary injunction preventing the state from enforcing parts of H.B. 2354.
The ban on food dyes is part of President Donald Trump’s Make America Healthy Again (MAHA) initiative, led by Health Secretary Robert F. Kennedy Jr.
However, the judge is siding with a powerful food-dye industry group seeking to halt the measure while litigation proceeds, despite the health risks.
The International Association of Color Manufacturers (IACM) sued to stop the law, which amended Section 16-7-2(b)(7) to classify several synthetic color additives as “poisonous and injurious.”
The additives named in the legislation include:
- butylated hydroxyanisole
- propylparaben
- 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
- FD&C Yellow No. 6
The law also created Section 18-5D-3A, prohibiting those additives in any meal served in a school nutrition program, with limited exceptions for certain fundraising events occurring “at least one half-hour after the end of the school day.”
Judge Backs Industry Group Claims That Law Is “Vague”
The IACM argued that the state singled out manufacturers without justification, alleging the law violates the Equal Protection Clause and fails rational-basis review because it does not provide factual findings demonstrating the dyes are unsafe.
The group also claimed the statute is “unconstitutionally vague” for failing to define the meaning of “poisonous and injurious,” which it said opens the door to “arbitrary enforcement.”
According to WV Metro News, Judge Berger agreed that the state must provide clearer legal guidance around what qualifies as a harmful additive.
As a result, the West Virginia Department of Health is currently barred from enforcing the ban while the case continues in court.
The full ban had not yet been scheduled to take effect until 2028.
Governor Defended Law as Child-Health Measure
Republican Gov. Patrick Morrissey signed H.B. 2354 into law in March 2025, framing the effort as part of a broader campaign to improve children’s health outcomes.
“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission,” Morrissey said at the time.
“By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges,” he added.
Feds Moving Against Synthetic Dyes
The state-level legislation followed national activity on the issue.
In April 2025, Health and Human Services Secretary Robert F. Kennedy Jr. announced federal initiatives aimed at phasing petroleum-based dyes out of the U.S. food supply entirely.
Kennedy said he wanted to eliminate:
- FD&C Green No. 3
- FD&C Red No. 40
- FD&C Yellow No. 5
- FD&C Yellow No. 6
- FD&C Blue No. 1
- FD&C Blue No. 2
RFK Jr. wants the dyes eliminated from the food supply by the end of 2026.
Supporters Say Chemical Lobby Is Fighting Back
Supporters of the law argue that the injunction represents yet another example of corporate interests using the courts to stall reforms intended to protect children, particularly in school environments where families have no control over what ingredients students are exposed to.
The case now moves forward for further review.
For the moment, enforcement is paused while the food-dye industry and its Democrat allies celebrate another legal victory.
READ MORE – Fake ‘Meat’ Products Offer No Health Benefits Over Real Food, Study Finds
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