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.
22 Articles
22 Articles
Federal official sparks backlash after blocking game-changing ban on common food additive: 'Premature and incorrectly decided'
West Virginia Gov. Patrick Morrisey issued a statement after a federal district court judge granted a food dye trade group's request for an injunction, according to WDTV. What's happening? West Virginia House Bill 2354 (HB 2354) was introduced in early February, and after quickly passing the state's legislative chambers, Gov. Morrisey approved it on March 24. International law firm Duane Morris explained the provisions of HB 2354, the first stat…
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JUST IN: Federal Judge Block's RFK Jr.'s Ban On Artificial Food Dye
An Obama-appointed Federal Judge has just blocked RFK Jr.’s ban on Artificial Food Dyes in our food. Federal Judge Irene Berger of the Southern District of West Virginia has sided with food dye manufacturers and issued a preliminary injunction halting the ban. Report: A federal judge has blocked RFK Jr.'s move to ban artificial food dye Via: The Daily Caller pic.twitter.com/CyCviGhecT — The Calvin Coolidge Project (@TheCalvinCooli1) December 26…
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