A federal judge has blocked West Virginia’s effort to ban certain artificial food dyes, delivering a setback to the MAHA agenda in the state.
U.S. District Judge Irene Berger, an Obama DEI appointee to the bench, halted enforcement of House Bill 2354 after a lawsuit from the International Association of Color Manufacturers, a trade organization that makes millions off the dissemination of these dangerous materials.
The law, passed earlier this year, would have classified foods containing certain synthetic dyes as “adulterated,” including Red 40, Yellow 5, Yellow 6, and other petroleum-based additives. The measure also barred those dyes from school meals beginning this August.
During legislative debate, lawmakers cited growing concerns over hyperactivity, ADHD, and long-term health risks linked to artificial food coloring. One lawmaker noted that countries like Japan have already rejected these additives, while another pointed to the rising number of children on prescription drugs in American classrooms. After the law was passed, Governor Patrick Morrisey hailed the measure as a substantial victory for public health.
“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,” said Governor Morrisey. “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.”
But Judge Berger sided with industry lawyers, citing procedural mumbojumbo as the rationale. She rejected claims that the law violated equal protection or amounted to legislative punishment but ruled the statute was “unconstitutionally vague,” arguing it failed to clearly define what additional substances could be deemed “poisonous and injurious.”
“Without any clear standards, it is not clear how the WVDOH [West Virginia Department of Health] will determine if a color additive beyond those listed, is ‘poisonous and injurious,’” Berger wrote in her ruling. “The uncertainty surrounding what color additives may be prohibited in addition to the listed products makes compliance an impossible guessing game.”
The ruling, of course, is a way to stick it to the Trump administration as HHS Secretary Robert F. Kennedy Jr. has made removing these harmful dyes from the food supply a top priority. Hamstringing the Trump administration is the top priority for these liberal activist judges, even if it means poisoning the public and helping Big Ag and Big Pharma maintain their food monopoly. The legal fight over this law is now expected to continue to the higher courts.
