Posted on 12/24/2025 8:49:16 AM PST by Red Badger
A federal judge granted on Tuesday a preliminary injunction order that would prevent the enforcement of parts of West Virginia’s H.B. 2354, which takes aim at artificial food dyes.
U.S. District Judge Irene Berger of the Southern District of West Virginia entered the preliminary injunction order Tuesday, according to WV Metro News. According to the order, the International Association of Color Manufacturers (IACM) sought to prevent the enforcement of West Virginia’s H.B. 2354, as it amended Section 16-7-2(b)(7) to include seven color additives that are “poisonous and injurious” as ingredients or substances.
The seven color additives named are 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, and FD&C Yellow No. 6.
H.B. 2354 also added a provision, Section 18-5D-3A, prohibiting these color additives “as an ingredient in any meal served in a school nutrition program,” with the exception of school fundraising events on or away from campus occurring “at least one half-hour after the end of the school day,” according to the order.
The IACM argued H.B. 2354 violates the Equal Protection Clause by singling out manufacturers and fails a rational basis review by not providing any factual findings stating why the color additives named in Section 16-7-2(b)(7) are unsafe, according to the same order. The IACM also said H.B. 2354 is “unconstitutionally vague” by not defining “poisonous and injurious,” and leaves the door open for “arbitrary enforcement.”
Federal judge orders preliminary injunction on West Virginia’s food dye ban https://t.co/xp1SBACu9y
— MetroNews (@WVMetroNews) December 24, 2025
In her opinion, Berger wrote that the state must provide clearer guidance on what constitutes harmful or poisonous color additives, WV Metro News reported. The case will undergo further scrutiny in court, but until a resolution is reached, the West Virginia Department of Health is prohibited from enforcing a ban. A full ban was not set to go into effect until 2028, according to the outlet.
Republican West Virginia Gov. Patrick Morrissey signed H.B. 2354 into law in March 2025.
“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. 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,” Morrissey said at the time.
In April 2025, Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. announced a series of measures to eliminate petroleum-based synthetic dyes from the U.S. food supply. 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 and FD&C Blue No. 2 from the food supply by the end of 2026.
Seems like everyday some commie judge pokes their head up and self-identifies. There is a silver lining.
Yummy.
Tell me there’s not some money changing hands.
Would be nice in the president and senate would exclusively prioritize putting judges on the courts. If Biden can put 300 on the courts in a term, Trump should be able to as well or more.
Congre$$ continues to sleep and not control the judges who are now running the country ,,, except they wake up long enough to send out emails asking for donations.
Judge was paid off,,,,People should always go with Kennedy,
“What on earth makes these idiots called “judges” think that they have the rights and ability to elevate themselves above the Federal executive branch of government?”
Because the Federal executive branch of government submits to them. It is just that simple. If the judges were told to go to hell, they would stopl.
Nothing the human body needs.
We no longer live in a free Republic, today we are subjects/victims of a Judicial Oligarchy.
The judiciary feels they are insulated from democratic accountability.
These colors have been tested and there is no evidence that they cause harm. Each batch is tested for impurities and contaminants by the US government labs. If you want to i,prove our lives these colorants are not the place to start.
A judge is a public official who presides over courts, makes legal decisions, and applies the law, or more generally, someone who *forms an opinion* or decides the outcome of a contest or situation based on the amount of cash?.
Yup, State’s rights. The Feds can sod off.
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