Brace yourselves, patriots—a federal judge just slammed the brakes on a West Virginia law targeting artificial food dyes, throwing a wrench into a health crusade backed by none other than Robert F. Kennedy Jr.
In a swift ruling on Tuesday, U.S. District Judge Irene Berger of the Southern District of West Virginia issued a preliminary injunction to halt enforcement of key sections of H.B. 2354, a law aimed at banning certain food color additives, while a legal challenge from the International Association of Color Manufacturers (IACM) plays out, as The Daily Caller reports.
This legislative push began earlier when Republican West Virginia Governor Patrick Morrissey signed H.B. 2354 into law in March 2025, targeting artificial dyes in school meals.
The law, amending state code to label seven specific color additives as harmful, lists butylated hydroxyanisole, propylparaben, and several FD&C colors like Blue No. 1, Red No. 40, and Yellow No. 5 as “poisonous and injurious.”
It specifically bans these additives from school nutrition programs, though it carves out an exception for fundraising events held at least 30 minutes after the school day ends.
While the full ban wasn’t set to kick in until 2028, the IACM stepped in, arguing the law unfairly targets manufacturers and lacks clear evidence to justify branding these additives as unsafe.
The IACM’s case also claims H.B. 2354 is too vague, failing to define what “poisonous and injurious” actually means, which could lead to inconsistent enforcement.
Judge Berger agreed, at least for now, stating in her opinion that the state needs to offer better guidance on what makes these additives harmful.
As a result, the West Virginia Department of Health is barred from enforcing the restrictions while the case continues—a win for those wary of overreaching regulations.
Adding fuel to this policy fire, Health and Human Services Secretary Robert F. Kennedy Jr. announced in April 2025 his own plan to remove several petroleum-based synthetic dyes from the nation’s food supply by the end of 2026.
His list mirrors many of the FD&C colors targeted by H.B. 2354, including Green No. 3 and Red No. 40, signaling a broader push for health-focused reforms.
While the intent may sound noble, critics might argue this rush to purge food additives risks sidelining science for ideological zeal, potentially burdening businesses without concrete proof of harm.
Governor Morrissey, a staunch supporter of the law, framed it as a critical step forward, stating, “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.”
He added, “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from long-term health and learning challenges.”
Admirable as that sounds, one has to wonder if this health-first rhetoric justifies a law so easily paused by a judge for lacking clarity—shouldn’t solid evidence, not just passion, drive policies that reshape entire industries?
