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Injunction Granted Against West Virginia Food Dye Ban

Judge Irene Berger ruled the law likely violates constitutional standards by enabling arbitrary enforcement and conflicting with federal food safety authority, halting part of the ban.

  • On Tuesday, United States District Judge Irene Berger issued a preliminary injunction halting enforcement of portions of West Virginia's House Bill 2354 dye ban.
  • House Bill 2354, signed in March by West Virginia Gov. Patrick Morrisey, bans certain food dyes including Red No. from school meals beginning in August and prompted the International Association of Color Manufacturers to sue in October.
  • Judge Berger wrote that the law's language is likely unconstitutionally vague, as Section 16-7-2 allows the West Virginia Department of Health to arbitrarily designate additives as 'poisonous and injurious.'
  • The injunction bars the WVDOH from enforcing the ban, and Morrisey said, `We are reviewing our legal options but will continue to press forward with our efforts to get harmful crap out of our food supply`.
  • The IACM argued that the law unlawfully took over the United States Food and Drug Administration's role and interferes with interstate commerce, causing economic harm to members and customers.
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RFK Jr’s dye-free food vision blocked by Obama-appointed judge

Food dye manufacturers successfully challenge West Virginia law targeting Red 40, Yellow 5 and other artificial additives linked to health concerns.

·New York, United States
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WV MetroNews broke the news in on Wednesday, December 24, 2025.
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