Federal judge halts West Virginia's artificial food dye ban
Hold onto your candy wrappers, folks—a federal judge just slammed the brakes on West Virginia’s attempt to ban artificial food dyes, as the Daily Caller reports.
In a nutshell, a court ruling on Tuesday blocked parts of West Virginia’s H.B. 2354, a law targeting specific color additives in food, pending further legal scrutiny.
Let’s rewind to March, when Republican Gov. Patrick Morrissey signed H.B. 2354 into law, aiming to scrub seven artificial dyes from the state’s food supply. The targeted additives, listed as “poisonous and injurious,” include mouthfuls like FD&C Red No. 40 and FD&C Blue No. 1.
Judge Steps in with Legal Roadblock
This wasn’t just a grocery aisle purge—it extended to school meals, barring these dyes except for after-hours fundraisers. Morrissey pitched this as a health crusade, declaring, “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.”
Nice sentiment, Governor, but let’s not pretend banning Skittles is the cure for all ills—where’s the hard data showing these dyes are the villain?
Fast forward to April, when Health and Human Services Secretary Robert F. Kennedy Jr. doubled down, pushing a national phase-out of many of the same dyes by 2026. Shouldn’t we question if this is less about science and more about a flashy anti-corporate agenda?
Court Ruling Raises Key Questions
Enter the International Association of Color Manufacturers (IACM), who challenged H.B. 2354, arguing it violates the Equal Protection Clause by unfairly targeting manufacturers without solid evidence of harm. Sounds like a fair point—why punish businesses over vague claims?
The IACM also called the law “unconstitutionally vague” for failing to define what makes a dye “poisonous and injurious.” Without clear standards, this could turn into arbitrary enforcement crushing innovation.
On Tuesday, U.S. District Judge Irene Berger of the Southern District of West Virginia agreed to hit pause, issuing a preliminary injunction. She ordered the state to clarify what constitutes a harmful additive before any bans can stick.
Health Concerns vs. Legal Reality
This injunction means the West Virginia Department of Health can’t enforce the restrictions for now, though the full ban wasn’t slated to kick in until 2028. It’s a temporary win for manufacturers and a reminder that good intentions don’t trump due process.
Morrissey added, “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents.” But without concrete proof these dyes are the boogeyman, this feels more like a feel-good gesture than a policy rooted in fact.
The law specifically targeted dyes like FD&C Yellow No. 5 and FD&C Green No. 3, branding them as dangerous. Yet, the IACM argues there’s no factual backing for this blacklist.
What's Next for Food Dye Debate?
Judge Berger’s ruling isn’t the endgame—the case will face further review in court. Until then, those colorful snacks stay on the shelves.
West Virginia’s push, backed by RFK Jr.’s national rhetoric, taps into a real concern about what’s in our food. But let’s not let emotion override reason—health policies must stand on evidence, not trendy crusades.
If we’re serious about making America healthy again, let’s start with facts, not bans. Shouldn’t we demand studies over slogans before upending entire industries?





